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Bit of an odd one but this forum has been really helpful on off topic type things previously.
Key change as I understand it is from 26 March 2020 workers can carry over up to four weeks’ annual leave into the next two leave years. Where I work this is Jan to December. I appreciate there are condition on this applying but they are very wide and pretty much can't be debated.
I've been aware of these changes since proposal, someone who reports into me has tracked it through and is likely to use these changes to make a point. I've raised it with HR and they have told me to wait and see, there will be an announcement. That announcement has just been made....
The CEO has this morning emailed to say employees (in all countries) can only carry over 10 days maximum into January 2021, anything above this will be lost.
The majority are likely to accept this, I'm not overly happy as have been impacted by Coronovirus (a condition for this applying) and wanted to carry forward more than 10 days, my report is likely to make a huge point.
Any thoughts from the HRTrackWorld hive mind?
Despite being key workers and being out there potentially as risk to keep critical infrastructure running, our company has decided to say bollocks to us and not incorporate any of this extra carryover. Business as usual on the holiday front.
Given that the union has rolled over, I can only assume the new rules are an option that the management can choose to apply, or not, at their discretion.
We're not allowed to carry any over at my main job, same as normal. Our communictions say that the new regs only allow holiday carry-over if the company agrees, not making it an automatic right.
Doesn't affect me as I had all mine booked in Jan, Feb, Oct, Nov and Dec so missing the Virus window completely! Also redundancy is hanging in the air so could all be a moot point anyway.
Looks like I'll have 5 weeks off across August and September then. Pray for sunshine!
“(10) Where in any leave year it was not reasonably practicable for a worker to take some or all of the leave to which the worker was entitled under this regulation as a result of the effects of coronavirus (including on the worker, the employer or the wider economy or society), the worker shall be entitled to carry forward such untaken leave as provided for in paragraph (11).
(11) Leave to which paragraph (10) applies may be carried forward and taken in the two leave years immediately following the leave year in respect of which it was due.
(12) An employer may only require a worker not to take leave to which paragraph (10) applies on particular days as provided for in regulation 15(2) where the employer has good reason to do so.
(13) For the purpose of this regulation “coronavirus” means severe acute respiratory syndrome corona-virus 2 (SARS-CoV-2).”.4
It's pretty clear to me from the text provided.
Ours is usually 5 days carry over, our leave year is the same as the FY, this past March those involved in COVID-19 response could carry 10 if they'd not managed to take leave. We're being encouraged to take at least 4 weeks this leave year too, but again for a lot that will be difficult given their roles. Will wait and see.
As I understand it the change is only to the requirement that employers ensure employees take a minimum of 20 days leave in any year. If you only get the stat minimum amount of leave your employer can allow you to carry some of this over into the next two years. There is no compulsion on the employer to allow carry over, they just aren't breaking the law if someone take less than 20 days holiday this year. Anything else is contractual/by negotiation
I'd say read your contract, that and if your place is anything like mine probably don't make a massive fuss about it.
We were requested to take a minimum of 4 days in April (for our own mental health apparently) and have to take 1/2 our lave by the end of August. They are effectively writing off q2 and q3 and hoping q4 is massive. We'll see if they are right!
It’s pretty clear to me from the text provided.
You need to look at the context of regulations being amended from which it is quite clear the employer has to agree. Clause 13 essentially states that leave need to be taken in year earned so this is an exception to that normal rule.
As an employer it's a tricky balance - one of making sure staff get enough leave/rest but also not having massive periods when lockdown eases and everyone wants to be away OR carrying such a massive leave balance that it impacts financially. Normally you spread the cost of the leave across a financial year but when it gets accrued into extra years, against a tough economic outlook and possibly difficult trading there starts to be an issue of the fundamental cost you are carrying as a business. Depends one the business - we've kept all our staff on full pay and committed to no redundancies for the near future. I've not been paid since Feb right enough and won't be until September but wgas as I'm the boss ! We've allowed 10 days to be carried over and pushed for specific no-leave periods and asked for a bit of understanding, part of the deal really. Worst case is once we get through the crisis and re-assess and consider redundancies due to trading and costs we are carrying. It's really really difficult and I have massive empathy for staff, business owners and those of you trying to balance the economics with the reality of what has happened. When we get militant responses it can be quite difficult to deal with - the best result from the lockdown is you didn't die and you are still employed in my eyes.
Above all noted. I'm going to wait and see what my report says and pass it up to HR and my manager.
I spent years working in construction so am accustomed to being told when to take holiday by an employer - being in financial services now I've got used to it being more on my terms, so long as it doesn't impact the business. So long as the employer is fair and I can actually get a proper holiday at some point I guess I shouldn't worry too much....
Employer has made promises of no redundancies in the coming year, nobody has been furloughed and most people are either genuinely busier (like me - so much so I couldn't have taken holiday if I had wanted to without something material slipping) or working fewer hours to look after children (informal arrangement with manager, no leave taken just work less hours).
To confirm I am looking to have used less than the 20 statutory days by year end if my workload continues, regardless of ongoing coronavirus impact.
As my work have put in writing carrying forward 10 days is acceptable that works for me, assuming I take what I currently have booked in October.
September will be interesting as my wife is teacher and we currently have no childcare - the issues other staff are facing now, which we have dealt with effectively, may well hit us hard then.
To confirm I am looking to have used less than the 20 statutory days
As my work have put in writing carrying forward 10 days is acceptable that works for me, assuming I take what I currently have booked in October.
Bear in mind your stat holiday will go first, your entitlement to carry forward contractual holiday is contractual and isn't likely to change this year or any other, so if you've taken 11 days leave this year you're only likely to have 9 to carry over regardless of 30 days entitlement unless you already carry over contractual leave.
So long as the employer is fair and I can actually get a proper holiday at some point
Why can't you take it "now"?
You're still working, you still need time off.
You're busier than usual, you need holiday more, not less, than usual.
So long as the employer is fair and I can actually get a proper holiday at some point
This is causing our HR people some headaches at the moment. There seem to be people who expect that a holiday is foreign travel and therefore they can cancel leave when thats not possible, and bank it up to use next year.
Our position is clear, people can and should take leave this year, and carry-over will only be permitted if the employee applies for and is declined leave in good time. Our general policy is now also not to let people cancel leave that was already booked - although individual managers have discretion on that when people are just moving/rejigging that (e.g. I'm supposed to be off next week and have rearranged that to one day a week during school hols - as normal provisions are not available).
We also seem to have some people who think if they've booked 2 weeks in Spain in August, but then have to quarantine for 2 weeks that this is the company's problem not theirs!
Our policy has changed somewhat during this time, which was expected, and we can carry over holiday accrued later in the year, but anything accrued till August and not used will be lost, for those furloughed. There seems to be some confusion over holiday accrual. My understanding is that holiday, whether furlough or not, should be at full salary or at the very least any holiday you’ve accrued before furlough is paid at full salary.
IMO no employer can refuse to carry over holidays as they are a contractual and legal right. However as an employee you need to take your holidays and to request them. If you do so and are refused then you cannot lose those annual leave days.
I have been thru this with two different employers and won both times
I work in a college (get a number of days leave rather than all half terms/ holidays etc).
Usually allowed to carry over 5 days, this year been told have to use them all (our year is Sep to Aug).
This has slightly backfired now in that they want some students in over summer but staff are now on holiday. We have even asked can we carry over 5 days so we can come in for a week.
Unable to take leave and unable to go on holiday are two different things.
The purpose of this change is to ensure that people who are being asked to cancel leave to deal with pandemic are not disadvantaged.
It is not to let people carry forward leave because they don't want to take it when they aren't allowed to travel for holidays.
We normally carry over 7 days. This year we've been told those 7 days had to be used in the first quarter (end of June) and then told to use (or lose) 50% of our leave balance by the end of 2nd quarter (September) which is a bit galling if you habitually carry over 1 week, and normally take your holiday after the summer school holidays!
So this actually leaves me with less holiday for next year as I have to book more now.
I heard rumours the use it or lose it by September has been retracted but not seen any internal Comms to confirm this. The company want us to keep taking leave whilst things are a little quieter, however as a utility we have been working throughout and only stopped taking new customers for a short period, so it doesn't feel like we will see a significant intake of work later this year, we are finding companies that are still closed are now sending an employee in to allow us to carry on installations.