We’ve gathered a few questions relating to holiday entitlement that we have had recently, and answered them for you below.
If you would prefer to watch the video, head over here.
Can an employee claim back holidays when they are sick during annual leave?
The short answer is yes. Although, they would need to comply with your usual sickness absence reporting procedures: so, it’s a good idea to set that out in your policy.
You may also want to ask the employee for evidence of the sickness, whether that’s a doctor’s note or a receipt from a chemist.
Can an employee carry over their holidays after a period of sickness absence, and for how long?
Yes, and the period in which they can carry it over for is up to 18 months from the end of the holiday year in which its accrued.
There is some debate over whether you can treat statutory holidays (the first 20 days) under the Working Time Directive differently to the 1.6 weeks that’s provided for under UK legislation. If your contract has a special rule, such as ‘use it or lose it’, that may be discretionary.
If you are taking this approach, we would suggest that you take specific advice, having reviewed your contracts at that point in time.
Can employers require employees to take holidays at specific times?
The third and final yes! This is provided for under Regulation 15 of the Working Time Regulations.
The only requirement is that the employer gives twice as much notice in time, as the period that they require the individual to take off. So, for example if they need an employee to take one week off, they need to give that employee two weeks’ notice.
There is no requirement for that to be put in writing, but it would be good practice to do so, just to avoid any debates as to what was agreed or required.
The only other exception is if an individual is on long term sick, and they can’t take it: it would be subject to the provisions that allow them to carry that forward for up to 18 months.
More questions? Visit our resource hub.