This whole circumstance has thrown normal life into disarray and as we approach warmer weather and traditional school holidays a lot of employees are asking what they do about their holiday and employers are wondering whether to authorise or deny.
The general rule with holiday is use it or lose it. It usually has to be taken in the current holiday year.
However, with employees either being put on furlough or needed at work the question has arisen as to what happens if an employee cannot take their holiday because of the Covid-19 crisis.
The government has passed a temporary new law which allows employees to carry over up to 4 weeks’ paid holiday over a two year period if they cannot take their holiday due to Covid-19
This might be because they are self-isolating, are sick, they are laid off or on furlough or are required to work.
If an employee or worker’s job is terminated in that 2 year carry over period then they have to be paid in lieu of that accrued but untaken holiday.
Employees on furlough continue to accrue holiday whilst they are on furlough.
If as an employer you want your employees to use their holiday you have to give double the notice for the time you want them to take. For example if you want an employee to take 5 days’ holiday then you have to give them 10 days’ notice.
If an employee has booked a holiday and it has been approved by you, you can still require them to take that time as holiday unless they are off sick.
For more information please contact a member of our Employment Law Team on 01384 811 811
