Can my employer do this?

[gilmoregirls00]

I was due to return from sick leave next week but due to my illness my manager decided I should be furloughed (100% pay). I have been off sick since June and have taken no holidays this year so have accrued 5 weeks of holiday.
My manager told me that for the first 5 weeks of furlough I will be using my holiday allowance and then if I still need to be furloughed after that I will be on furlough pay then.
Can my employer do this? I have a holiday booked for the end of March and if I am back from furlough by then I won't have any holiday available to take it.

When does your holiday year run from & to? Have you already booked in the March holiday & had it approved?

I think they are allowed to do this - hopefully someone more knowledgeable can confirm though.

You've already posted this today. Your employer can tell you when to take annual leave.

Yes when does your leave year end?? If its soon, surely you would lose it anyway as you can't carry that much over?

Have you told them this? Is the March holiday booked in officially with work? Is it not just your prorata holiday to date they are suggesting you use?

I thought if an employer mandated use of annual leave (which they can do) they had to give twice as much notice as the leave. But I'm not an employment law expert.

They can tell you when to take your holiday, yes. Although if they already approved the march holiday, they shouldn't change that.
It's unlikely anyone will be going anywhere in march so I wouldn't worry too much!

Yes they can. If your annual leave booked?

Yes they are allowed. Your employer has the right to tell you exactly when to take holiday, if they wish to.

If they want you to use 5 weeks leave they have to give you 10 weeks notice - the rules still apply even if you are on furlough.

If you already have holidays approved they can cancel them - the same timescale applies to cancel 2 weeks holiday they must give 4 weeks notice.

Will we be having holidays in March?

When does your new holiday entitlement start?

It's highly unlikely that a March holiday would go ahead anyway. I think I'd be looking to rebook rather than fighting your employers on this just now.

Yes they can do this. I took 3 weeks of holiday in my 3 month furlough so I didn't "lose" the entitlement.

@ChablisandCrisps

Yes when does your leave year end?? If its soon, surely you would lose it anyway as you can't carry that much over?

Ends in March and we can carry over as someone on long term sick has done this before.

@lidoshuffle

Will we be having holidays in March?

I doubt it!!

Not planning on going on holiday, my DD's both have their birthdays in the week I have booked off so we were going to have a lockdown birthday week!

Have you been on full pay whilst off sick?

@SteelMack

Have you been on full pay whilst off sick?

CSP for 4 weeks, SSP for the rest

I hate to play devils advocate and entirely understand your reason for asking, but you yourself have said you've been signed off since June - so that is 6 months of being signed off (presumably on full pay?) And now your employer has offered to furlough you on full pay as well, but stipulated part of that is your holiday. Tbh, it sounds like you've got rather a good deal there. Depending on what sector you work in and if you have been getting paid whilst being off, then I would be inclined to go with your employer here as they have swolled the cost of you being off and now find themselves in a position they need to furlough their staff. You might find if you don't agree, you don't have a job to go back to if the company find themselves in financially viable.

I think in the current financial climate it would be decent of ylu to use some of your leave, yes. CEV colleague's have done the same at my place, as they would have a whole years leave left otherwise, and if taking extra leave next year it impacts others being able to book time off too.

Can't you meet them half way and use 3 weeks now and the other two in march?

Yes they can do this, there is a loophole that companies can claim furlough for staff on annual leave as long as it is 7 consecutive days and they are aware of it. My company have taken the piss with this loophole and are openly asking people to take a week off and be on furlough leave for it. So they claim the 80% and top up the rest. It’s ridiculous and abuses the intent of the scheme IMO.
I would just ask them if you can save a week for that week in March you want off.

Interesting to see that 95% think you're being unreasonable. I'm sorry you've been unwell and had to take 6 months sick leave but personally I'd be grateful to still have the job and for the100% furlough and not be banging on about annual leave.

CF

They need to give you notice to tell you when you take annual leave. For 5 weeks leave they need to give 20 weeks notice. Unless they are saying you can’t roll over I guess (check your contract on that). Then I guess you have no choice - use it or lose it. So you may as well use it. But tell them the weeks you want as annual
Leave. They can’t tell you at this short notice.

Yes your employer is completely within their rights to require you to use your annual leave whilst on furlough.

Yes employers can do this.