What Are My Rights About Using My Holiday Days In Lockdown? An Employment Lawyer Advises

It's June and by now, usually most of us would be way on our way to using half of our holiday allowance, either with a cheeky Easter break, maybe some skiing, or a week in the sun before the children's school holidays begin. Of course, for many of us that kids' break would be about to eat up most of our time too.

But, this year... coronavirus.

Some people (hello!) are currently sat having taken only a day or two of holiday, because of holidays being cancelled or the feeling that, well, it's not much of a holiday if you can't go 'on holiday'.

However, many employers are asking staff to take their holiday, to ensure that there's not a huge backlog at the end of the year - many have said that holiday cannot be paid or rolled over.

Much of that is governed by individual company policy, but ACAS does recommend people take their annual leave this year, because it helps people 'get enough rest and keep healthy, both physically and mentally.' So ploughing through until it's safe to get on a plane probably isn't possible.

But employment lawyer at Slater and Gordon, Ruby Dinsmore, says there are circumstances where it's important to know your rights, especially for those in furlough.

Do I have to take holiday while I'm on furlough?

'Every employee needs to take annual holiday to make sure they have time to rest and recharge,' says Ms Dinsmore. 'This need does not diminish because someone has been furloughed,' she said. 'If you have been furloughed, you are still entitled to accrue your usual statutory and contractual holiday allowance, book holiday with your employer in the same way and receive full pay for any holiday you take.

'Updated government guidance confirmed in May that employers can ask staff to take annual leave while they are furloughed. The aim of which was to avoid an influx of holiday requests when employees are taken off furlough and as companies re-open for business. The Guidance advises that employers should consult with their work force and explain why they are making the request for leave, and provide sufficient notice, which should be at least twice as long as the leave to be taken. It also suggests that consideration should be made as to whether the holiday request will allow the employee to benefit from the true purpose of a holiday.'

Do I have to take holiday days if I'm ill, self-isolating or a carer?

'If, as an employee, you are facing adverse situations during Covid-19, such as caring for a vulnerable family member or self-isolating and would not be able to benefit from the fundamental purpose of taking a break, then you would be within your rights to dispute a request to take holiday,' says Ms Dinsmore. 'You should however discuss this with your employer and provide them with reasonable proof that you are self-isolating, sick or that you are looking after a family member who is ill. If you also feel the request is unfair or has not been implemented in the correct way, for example by not receiving enough notice, raise your concerns with your manager and see if you can agree a way forward.'

What should I do if I don't agree with my company policy on holiday days?

'If you feel uncomfortable approaching your manager or are struggling to come to an agreement, it is advised to speak with HR and if no agreement is reached, consider raising a formal complaint,' says Ms Dinsmore. 'When raising any issue with your employer it is important that you keep a record of the problems that you are facing in relation to the issue, whether in work or in your personal life, and provide proof where possible to your employer to support your claim.

Where can I go for more information on holiday allowance and leave?

The ACAS website has further helpful guidance.