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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Furlough holiday

429 replies

MrsQGinglass · 18/09/2020 11:47

I am furloughed still and work for a large international company. There are only a few off us still furloughed 2 in my office only.

I received an informing me that all holiday from last year that was carried over would have to be used in the October. I know the reason why it is cheaper for them to get part of the government to pay it.
My issue is that those that have not been furloughed are allowed to carry over their holiday for the next 2 years.
I really do not think this is fair as they are treating us differently.
I have contacted HR for clarification but they have not answered my emails.
Is this lawful.
AIBUto think that they are treating us unfairly.

OP posts:
Jesusweptagain · 20/09/2020 13:37

I think if you have a legitimate reason for needing those holidays at another time you could ask but otherwise I would just accept my October holidays and carry on with my life. I have been working throughout whilst some of my (much higher paid) colleagues were shielding & working from home. In my organisation you still accrue annual leave whilst off therefore they have all recently come back & are now taking 2days annual leave per week to use up their holidays. Whilst I understand the reasoning behind this & of course it isn't their fault they had to be off - they have all been at home on FULL PAY for 5months whilst we have all been working and now none of us can get long weekends as they have all been asking for fridays/mondays off. (Again understandable) I had to ask for annual leave during the pandemic due to childcare issues so I have hardly any left, my holiday abroad was cancelled & I am exhausted from covering for my colleagues whilst they've been at home with their kids. In no way am I saying it's been easy but I do think your colleagues will have a similar attitude to you coming back and not wanting to take holidays whilst they have covered for 5 months. It's been shit for most people.

SueEllenMishke · 20/09/2020 13:46

I did not ask to sit on my arse for 6 months.

But you did. And you were fortunate enough to be paid to do that.

Darker · 20/09/2020 14:00

furlough is very tough to be on, when you have no job security.

Working through the pandemic doesn't confer greater job security, you know. I have worked, while colleagues have been furloughed. If there is a restructure and jobs are cut then redundancies will be decided on what the organisation needs going forward, not on who was/wasn't furloughed.

Darker · 20/09/2020 14:08

I've just realised that you are talking about leave that was carried over from last year.... In my sector I've never been allowed to carry over more than 5 days, and have always had to take it within a month/first quarter of the new holiday year. In the great scheme of things, if I'd had six months off instead of working I'd be letting that go.

xxscotslassxx · 20/09/2020 15:15

Yep my husband is a soon to be ex husband

Genuinely sorry to hear this it can’t have been easy for you. Please be mindful though that the issue with your husband and being furloughed are separate issues. It’s unfair to lump all into one and say how hard furlough has been for you when that isn’t really the crux of the issue.

In the original post you stated they were last years holidays - then a few posts later said you wished people would read the posts and that the holidays were not last years ConfusedConfused

Anyway regardless of when the holidays are from - speak to Acas they will give you a definitive answer on what you believe to be an unlawful/unfair practice before going in guns blazing with your employer. If it isn’t the answer you want to hear please just suck it up and move on it will not do you, your mental health or any relationship with your employer, any good to continue stewing over this. Like a pp said HR will be able to advise on your current terms of employment which, much as you do not want to hear, will not be the same as the original contract you received on starting employment. There is no point in referring to your original contract as the terms of your employment will have changed when you accepted entrance into the furlough scheme.

Potterpotterpotter · 20/09/2020 15:35

@MrsQGinglass So? You did though didn’t you. You didn’t work and you got paid for it. It’s hardly a bloody Trauma having to take your holiday on October instead of carrying it over.

cyclemania · 20/09/2020 16:06

@MrsQGinglass but what have HR come back and said? You have been back on the thread but totally evasive on this point.

MrsQGinglass · 20/09/2020 16:36

@Darker

I've just realised that you are talking about leave that was carried over from last year.... In my sector I've never been allowed to carry over more than 5 days, and have always had to take it within a month/first quarter of the new holiday year. In the great scheme of things, if I'd had six months off instead of working I'd be letting that go.
It's not last years holiday
OP posts:
MrsQGinglass · 20/09/2020 16:38

@xxscotslassxx

*Yep my husband is a soon to be ex husband*

Genuinely sorry to hear this it can’t have been easy for you. Please be mindful though that the issue with your husband and being furloughed are separate issues. It’s unfair to lump all into one and say how hard furlough has been for you when that isn’t really the crux of the issue.

In the original post you stated they were last years holidays - then a few posts later said you wished people would read the posts and that the holidays were not last years ConfusedConfused

Anyway regardless of when the holidays are from - speak to Acas they will give you a definitive answer on what you believe to be an unlawful/unfair practice before going in guns blazing with your employer. If it isn’t the answer you want to hear please just suck it up and move on it will not do you, your mental health or any relationship with your employer, any good to continue stewing over this. Like a pp said HR will be able to advise on your current terms of employment which, much as you do not want to hear, will not be the same as the original contract you received on starting employment. There is no point in referring to your original contract as the terms of your employment will have changed when you accepted entrance into the furlough scheme.

My holiday year is not Jan to Dec!
OP posts:
MrsQGinglass · 20/09/2020 16:39

[quote cyclemania]@MrsQGinglass but what have HR come back and said? You have been back on the thread but totally evasive on this point.[/quote]
HR are coming back to me on Monday hence why have not responded to the question.

OP posts:
Darker · 20/09/2020 16:47

In your OP you said I received an informing me that all holiday from last year that was carried over would have to be used in the October

So which year do you mean?

comingintomyown · 20/09/2020 16:48

This is something you might allow yourself to think for 2.6 seconds before realising you are being a dick.
The reason you would like to carry holiday over is because you aren’t feeling in need of it, you are currently fairly well rested I imagine. Irrespective of the fact it was the government choice to stipulate holiday can be accrued whilst on furlough you are still lucky to be benefiting from this and it’s just in such poor taste to come on here wringing your hands because you have to use holiday in this way.

emilyfrost · 20/09/2020 16:54

OP also seems to be ignoring the fact that her employers can legally dictate when she takes her holiday.

Wonkydonkey44 · 20/09/2020 17:20

Op I wish you well , I’ve a feeling you might be job hunting in the new year!

Todaythiscouldbe · 20/09/2020 17:33

You're contradicting yourself a bit with some of your responses. You said it was last years holiday, now it's not. You didn't sign a furlough agreement but you know it didn't have a holiday clause.
Why exactly do you want to be allowed to carry holiday for 2 years? Because you don't need it? Because you haven't been able to go anywhere nice?

Time2change2 · 20/09/2020 17:41

Grow up OP. Some of us have had to take a pay cut and still work full time hours whilst also picking up others work.
You have been doing as you pleased or slobbing around for 6 months. Me and DH have been home schooling 3 primary aged children whilst both working full time from home and our companies cut our wages for 8 months.
I would be livid if someone on furlough came waltzing back in and then has their holiday left! The last 6 months have been a holiday for you compared to many others!!

skeemee · 20/09/2020 17:41

@MrsQGinglass Couldn’t disagree more. I have been furloughed. My poor colleagues had to pick up my workload plus if they wanted a day off, they had to use up their annual leave. So they have lost out big time compared to me.

I felt really guilty about this and thanked them all for helping out while I was off. I’m now using up as much annual leave as I can, as the business can’t afford for me to have another 6 weeks paid on top of next years allowance. Better for them to be able to claim the furlough grant to help keep the company afloat, no? There are redundancies on the horizon too.... Scary times 😢

HunterHearstHelmsley · 20/09/2020 18:01

@Wally1983

So..I’ve just returned after 6months on furlough. I have full holiday entitlement and am allowed to carry over to next year (& the next I believe). Looks like I’ll have to as all holidays are booked by the staff that have worked..I don’t have an issue with that but I do have an issue when my boss says “you can just take whenever off” I ask for any days during the school holidays (October and December) and I can’t get them. I have 5 weeks still to take! I don’t want time off while my boys are at school & nursery coz I’ve just had to do that.

I can’t see why they can’t allow you to carry holidays over, as with everyone else. Personally I think it makes more sense! I will also be able to use holidays should I or any of my family need to take time off due to Covid so as far as I can tell the carry over for 2 years is of benefit to everyone..could that be a case you can put forward?

Had my pre booked holidays during my furlough (I didn’t get the option to use them!) then I’d have returned with less than 3 weeks left to take so that’s my own works fault I have so many.

I do think that being asked to use some is completely acceptable but I also think an allowance to carry forward should be for everyone in your workplace

I think its usual in a lot of places that those not furloughed are taking priority on leave bookings. I know my place is, and we are being given priority to book next year's leave in March (it will open in April for everyone else).
Dontfuckingsaycheese · 20/09/2020 18:02

Interesting point in OP's defence in reply to a question I asked. OP had leave booked for over the furlough period but her employer cancelled it. So she did attempt to take some.

xxscotslassxx · 20/09/2020 18:10

My holiday year is not Jan to Dec!

Erm at no point did I say it was Hmm most places I have ever worked and where I work now is April to April so Jan to Dec Is not something I would ever even assume anyway Hmm

The confusion re the holidays stems from your own original post!! In your first post you state ‘all holiday from last year.....’

Some posts later you then state something in the lines of ‘perhaps people should read posts it’s not last years holiday’ and you have now confirmed it does not refer to last years holidays -‘it’s not last years holiday’

So they are not last years holiday allocation.....am now struggling to make any sense of this - In one post you mention it is annual leave accrued during furlough from August 31 - however this makes no sense - you will not have accrued 15 days from Sept 1 to now or even 31 October....even by carrying the previously stated maximum allowed 5 days from the previous annual leave year...also if by what you said re from 31 August means your annual leave year runs Sept - Sept and those 15 days you have to take do not include any carried forward from the previous year as you have now clarified - you must have taken annual leave during furlough to not have any left from the previous year???

pippy3483 · 20/09/2020 18:48

Just a thought, in July you posted were very upset about not going with your soon to be ex on holiday, you were on furlough then and as you have said could be called to work in 24 hrs. Silly question, had you gone on holiday, would you still be paid furlough and now still have full AL allowance, hmm let me think.

emilyfrost · 20/09/2020 19:12

@Dontfuckingsaycheese

Interesting point in OP's defence in reply to a question I asked. OP had leave booked for over the furlough period but her employer cancelled it. So she did attempt to take some.
That’s not a defence.

Most likely it had already been booked before lockdown/corona and so her employer cancelled it as per business needs due to unforeseen circumstances.

MrsQGinglass · 20/09/2020 19:41

@pippy3483

Just a thought, in July you posted were very upset about not going with your soon to be ex on holiday, you were on furlough then and as you have said could be called to work in 24 hrs. Silly question, had you gone on holiday, would you still be paid furlough and now still have full AL allowance, hmm let me think.
You have to be available to work, so had I gone on holiday it would have to be taken as holiday.

No I have not been on holiday, note that my holiday was cancelled by my company.

OP posts:
EinsteinaGogo · 20/09/2020 19:54

To be honest, I don't see why the OP is getting such a hard time.

If the staff who are IN work have been allowed to carry over holiday AND the use-by time has been extended to 2 years, that indicates that the company don't want them to take the annual leave any time soon because there's TOO MUCH WORK TO
DO.

If there is too much work to do, then bring back the furloughed staff to cover it.

SkiingIsHeaven · 20/09/2020 20:08

I would tread very carefully. I would not be irritating my boss if I were you. Furlough is also known as the redundancy waiting room. If you kick up a stink you will be put at the top of the redundancy list.