By Muchie Shamuyarira, HR Director and Employment Law Consultant in the UK
Know Your Employment Rights and don’t lose out!
LONDON, United Kingdom. (News of the South)-Your Holiday and leave entitlement during coronavirus in the UK
In most situations, employees and workers should use their paid holiday (‘statutory annual leave’) in their current leave year. This is 5.6 weeks in the UK.
This is important because taking holiday helps people:
• get enough rest
• keep healthy, both physically and mentally.
Carrying over holiday
During the coronavirus pandemic, it may not have been possible for staff to take all their holiday entitlement during the current holiday year.
Employers were and should still be encouraging workers and employees to take their paid holiday. Employees and workers should also make requests for paid holiday throughout their holiday year, if possible.
The government introduced a temporary new law The Working Time (Coronavirus) (Amendment) Regulations 2020 allowing employees and workers to carry over up to 4 weeks’ paid holiday into their next 2 holiday leave years.
However, for NHS staff they can carry over up to 20 days (pro-rated for part-time staff) of annual leave over a two year period: See NHS Employers guidance:
https://www.nhsemployers.org/covid19/staff-terms-and-conditions/annual-leave
This law applies for any holiday the employee or worker does not or were not able to take because of coronavirus, for example if:
• they are self-isolating or too sick to take holiday before the end of their leave year
• they have had to continue working and could not take paid holiday.
They may also be able to carry over holiday if they have been ‘furloughed’ and cannot reasonably use it in their holiday year.
Some employers will already have an agreement to carry over paid holiday. This law does not affect any agreements already in place.
If an employee or worker leaves their job or is dismissed and has carried over paid holiday because of coronavirus, any untaken paid holiday must be added to their final pay (‘paid in lieu’).
If you have further queries or any employment related query you can seek legal advice from your Trade Union, Solicitors, or contact us on :- email: muchie@employment-rights.com or mobile: 077 2385 4713 or 073 6817 5771
Employment Rights Services is regulated by the UK Financial Conduct Authority its authorisation number is:
829963
Website: www.employment-rights.com
Disclaimer: This article is written in a personal capacity. It is not intended as a substitute for professional advice, judgement or to provide legal or other advice with respect to particular circumstances.
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