Furlough & annual leave

[LittleLadysMama]

Hi everyone, looking for some advice as I'm really struggling to get my head round the rules and keen to see if anyone else is in a similar situation.

I'm a full-time employee, working a 4 day week. I went from full-time furlough last year, to part time furlough this year and believe I'll remain furloughed until the end of this month, then return to full-time hours.

My employer has asked that I use 2 days annual leave each month that I'm on furlough - this was covered in January by the 2 days public holiday, 2 days put through for Feb and again for March. I don't actually get to take those days off though, I just lose them essentially, because I'm currently on part time hours.

I'm feeling a bit hard done by, but from what I can see online, you can be forced to use your annual leave, i think it's more the fact that I'm not actually getting to take the additional time off that's the issue for me, it's assumed it's just the time that I'm not working / furloughed.

Hope this makes sense! Can anyone share some thoughts or insight into the rules around this?

If it is the days you are furloughed that they are using for your annual leave days then you should be getting 100% pay for those days. 80% furlough pay 20% paid by your employer. If you are still only paying you 80% on days that are annual leave days then that is wrong. Why can't you schedule your annual leave days for days you are working?

are your part time hours over 5 days?

are they paying you still at 80% of your full time wage? so on a flexi furlough basis?

The employer is allowed to ask you to use your holidays while on furlough and those days are topped up to a full working day rather than paid at 80%

Just to clarify, are you saying you're on part time hours and getting paid for 80% of full time wage? As long as you're getting 100% for the annual leave time, it seems to make sense to me?

They should top you up to full pay on any days you are on annual leave

it's assumed it's just the time that I'm not working / furloughed

yes, days you are not at work can be made to be taken as annual leave and will be paid at your normal day rate - I don't really understand why this is a problem? You're not working those days, why shouldn't they be annual leave?

Thanks everyone - sounds like it is all as it should be after all :)

I'm being paid 100% throughout thanks to my employer so no difference to my pay at all.

Of the 4 days that I work, my furlough is basically a combination of later starts and earlier finishes staggered throughout the week to allow for childcare given the current restrictions - so no actual day off as such.

I'm assuming they want me to use the AL leave days to compensate for the hours off in the morning and 1.5 hours off in the afternoon.

That's the bit that was confusing me @Bunnybigears - I almost feel like i'm not getting the benefit of the annual leave because I can't take them as days - they're just being used to compensate the late starts / early finishes that I'm getting on furlough.

It didn't bother me towards the end of a calendar year when on full time furlough on the basis that they didnt want everyone carrying lots of AL into the year ahead, but at this early stage of the year, knowing my furlough is about to end, it feels like i've used loads of holidays up already which isnt ideal.

Have you actually requested any days off and had them declined?

Okay, I can see why that might be annoying - who doesnt love a full day/week off! - but you're still getting paid for more hours than you're working. Asking you to take some of those as AL seems fair to me otherwise you come back with a load of holidays to take despite the people not furloughed having to do their job and your extras.

Yeah @Pillowcase123 - i think thats my main issue, being at the start of the year when you try and plan how you'll use your leave right through til December, I'm struggling because I'm having to front load so many days when I wouldnt usually start using up my leave until around April ordinarily :(

So you had 9 months off last year on full pay, you have a job to go back to and you’re complaining you’re not getting the “benefit” of your annual leave?

No @HermioneWeasley - I didn't have 9 months 'off' last year. I was hospitalised and close to death for most of it actually (non-covid related) and went straight to full-time furlough when I was fit to return to work towards the end of the year, but thanks for making an ill informed assumption and judging me for wishing to make the most of the time I now have with my family given that I'm still here to do that 👍

That’s a hell of a drip feed

In any case, you were off work

@HermioneWeasley wow!

I don't really understand the bit about the hours, but your employer is legally entitled to make you take holiday whenever they want, as long as they give you notice and it's paid at 100%.