Holiday entitlement and sickness/furlough

[user421096]

Hi all just after some advice
I was off sick from my job from May 2020. I received 4 weeks CSP and then SSP and then no pay. I was not furloughed at this point.
I was due back late December but when shielding was re introduced I received a shielding letter due to treatment I had received in Sept/October.
From December to March I was furloughed on full pay. In that time I had to do some online training for my job. My manager has told me that all my holiday entitlement from 20/21 (5.6 weeks) has been taken whilst I was furloughed.
I just wanted to check can my employer do this?

[3cats4poniesandababy]

I believe they can. They have to pay you full salary for the holiday period and I believe can't claim goverment support but yes that can't make you take some of it as holiday. They should have informed you that was going to happen though.

[3cats4poniesandababy]

I meant can not can't make you

[QforCucumber]

We're you paid 80% or topped up to full pay while on furlough?

If full pay yes you can be made to take your annual leave while furloughed or have your 80% topped up to full.pay for the annual leave days, however this needs to be agreed with you

[sweethomepa]

No they can't. Your holiday accrues while your on furlough. If your employer wants you to take holidays over specific dates, they have to give twice as much notice as the length of holiday ie for one week holiday, they need to give two weeks notice. There is also temporary legislation the government brought in allowing those unable to take holidays due to covid to carry over holidays to their next leave year

[BusyLizzie61]

They can make you take your annual leave, I believe proportionately to the point in the year, eh if half way through the annual leave year then 6 months worth can be "made" to be taken whilst on furlough.
However, for this to be the case, those weeks of annual leave would need to have been at full pay, not at a reduced pay level. So if not informed in advance, with at least a notice period of twice the annual leave period to be taken. Eg 2 weeks notice for a weeks annual leave.
If you were not given notice OR did not receive full pay then this is not acceptable.
However, this is presuming you were officially returned to work as fit for work?
If you were required to have done training during the furlough period, this should have been paid at full rates on half day chunks, even if only took an hour. So if took 4 hours it would have been at a full day's pay.

[user421096]

@QforCucumber

We're you paid 80% or topped up to full pay while on furlough?

If full pay yes you can be made to take your annual leave while furloughed or have your 80% topped up to full.pay for the annual leave days, however this needs to be agreed with you

yes on full pay whilst furloughed

[stuckinarutatwork]

You can be made to take annual leave during a furlough period (and you must be paid in full for your holidays if your company is only normally paying the 80%).

Holiday is expected to either a) be your usual holiday periods if these are set days / weeks (such as working a term-time job), or should be proportional. So if you are furloughed for 6 months, it's reasonable to ask you to use 1/2 of your annual leave during the furlough period.

[flowery]

Yes they can, but they have to inform you in advance. They can’t decide retrospectively that you’ve taken your holiday.

[wouldukissafrog]

Technically they can use your holiday to top you up to 100% but they should have communicated this to you for agreement. Some of my staff chose to only receive 80% pay and keep some of their holiday. I'd ask to look at the policy to check they have followed it

[cupsofcoffee]

They can make you use your annual leave but they can't tell you retrospectively - they should tell you beforehand.

[mdh2020]

My daughter was furloughed and they have been paid extra in lieu of holiday leave as the employer doesn’t want everyone taking leave when they can go back to work.

[User421906]

@wouldukissafrog

Technically they can use your holiday to top you up to 100% but they should have communicated this to you for agreement. Some of my staff chose to only receive 80% pay and keep some of their holiday. I'd ask to look at the policy to check they have followed it

Just checked the policy and it states all rolled over and accrued holiday will be taken whilst furloughed.

[WaterBottle123]

Seriously? You were furloughed on full pay and you want more time off?

[itsalittlebitfunny00]

From gov.uk

However under certain circumstances employers must allow the 4 weeks to be carried into future leave years. Where a worker cannot take annual leave due to them being on maternity leave or sick, employers must still allow workers to carry their annual leave forwards. These rights remain unaffected by a worker being furloughed.