Holidays aren't over
With less than 3 months until the end of the year, you may be wondering what on earth to do with your remaining annual leave? As we learn and adapt to COVID-19, many have not managed to readdress their annual leave days, especially those whose holiday ends in December. However, adventure is not over and it is time to understand what are your rights and how to spend your annual leave this year.
Your annual leave entitlement
For most employees, your paid holiday or ‘statutory annual leave’ if we are being fancy, is 5.6 weeks a year in the UK. Often, this entitlement also includes bank and public holidays but many employers give these dates in addition to the annual leave. You are entitled to paid holiday from the very first day of employment.
Regulations around holiday entitlement were put in place to ensure that:
1) You are well rested
2) To keep you mentally and physically strong
What happens if you do not take your leave?
As an employee in most scenarios it is a ‘use it or lose it’ situation. There are new regulations in place by the Government that will allow annual leave to be carried over, however these are only in special circumstances. For most of us, if your annual leave is not used and communication is clear and well document by the employer, you forfeit your holiday entitlement. Some companies will make allowances but this is at the companies discretion.
One key thing for employers is that there is an obligation to ensure that you take your statutory holiday in any given year as failure to do so can result in financial penalties for the business. These penalties can range anywhere up to £3,000!
Can I carry annual leave over?
In normal circumstances, the ability to carry days over is agreed with your employer and will be in a written agreement (in contract or elsewhere). However, due to the Coronavirus, a new law has been introduced by the Government allowing employees to carry over up to 4 weeks’ paid holiday into their next 2 holiday leave years. This applies for employees who may missed holiday because of the following:
- Self-isolating
- Being too unwell to take holiday
- Sent home as there is no work (furlough or laid off)
- Still working and could not take holiday
These special cases do not apply to everyone with clear documentation being required in order to do so.
Can my employer make me take holiday?
Yes - your employer can if they decide require you to take paid holiday. This could mean shutting the office for an extended period. An employer must inform you at least twice as many days in advance as the amount of days they need you to take. E.g. if they want to close for 4 days, they must inform you 8 days in advance.
What if you are furloughed?
If you have been sent home due to no work and are on the furlough scheme, you can still request holiday as usual, if your employer agrees - this also includes bank holidays. Furloughed employees must get their full pay entitlement for any holiday taken.
In a nutshell
Employers are well within their rights to tell you to use your annual leave or lose it. Whilst there is a new government law allowing you to carry holiday over, this is only in very special circumstances. It is ultimately at the companies discretion, but in a nutshell...don't waste your holiday!
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