How can DH insist he can take annual leave at some point in the year (long - sorry)

[Homebird8]

My DH is very hard working. He leaves home for a commute to London at 6.30 each morning returning at 8.15. He's in the office at least from 8.30 until 6.00 each night.

His annual leave allowance for the part of the year from May when he joined the company was 15 days.

On several occasions he has asked to book leave (Whit half term, 1st week of school hold, last 2 weeks of school hols, last week in September, autumn half term) and each time he has been told 'no' work issues are too big to allow him to take it.

In desperation he booked odd days here and there to make sure he got a break. He actually was allowed to take 2 days in September, 2 days (not consecutive) in autumn half term, and 1 day in November when I had imovable work committments and needed him to look after the children.

He also booked single days for: Christmas shopping (our one day a year without children); Our friends' wedding; Our son's school play. All three were subsequently refused. I shopped alone, he missed the wedding and today he missed our 6 year old's school play.

The remainder was to be taken at Christmas, 3 days before, 3 days between Christmas and New Year and a day before the weekend after New Year.

Apparently it's impossible for him to take any of this. He'll be in Bucharest or Paris or anywhere else they choose to send him.

The leave entitlement is use it or lose it. There is no option of carrying it over or getting paid for it. There would be no point in carrying it over anyway if he can't ever take it!

I told him to go to HR but he says they don't have one! It's a major international media firm but is US based so I don't know where this leaves us.

He's exhausted. I'm distraut that our DS's never see Daddy except at the weekend and to be honest, I married him because I want to be with him. You'd never guess it from the amount we see each other but we love each other and just want to be a family.

How can we ensure he gets his leave?

Hello, are you me??. It makes me mad how large organisations are able to get away with this kind of thing. My DH is the same. Surely there MUST be someone he can speak to about this? A large organisation must have someone if not a whole department who sorts out holidays - for example whoever it is who is telling him how many days he has availalbe must be able to help? In my DH's case, the HR dept usually help out when bosses are refusing to allow leave.

As for the use it or lose it - surely that's not legal? From my own experience, you are usually allowed to carry over a certain number of days (maybe not all of them) if they have not been used.

Hope some of the legal MNers can help.

Hi basement bear. Thanks for getting back to me. It's good to know we're not alone!

According to the Citizen's Advice website - which I've just visited thanks to the kind advice from MumsNet at the top of this thread), you can carry over up to 4 days of untaken contractural leave which is given on top of the statutory 24 days in the year.

We only know how many days he was due since May because we worked it out pro-rata from the annual total. This means that there would be 13/24 of a day's leave he could carry over as he only has 25 annually.

No-one tells him anything and it seems that there is no-one he can ask. I'd stomp and storm but, though he is assertive normally, anything to do with work gets him in a knot. I blame his father who learned it from his father. The great employer is God and you should lick their boots and be grateful for the crumbs from the table you hold up...

Get the picture that I'm more than a bit cross about this?

Anyway, I'm not ranting at you. I just need to rant and to find a solution.

Thanks again basementbear.

Feel free to rant away!! Does he have a written contract that you can check? How was he recruited to this firm - did they have an HR type person on the interview panel or was he just interviewed by his current boss? I'm just trying to think who might possibly be able to help within the organisation.

I hate the fact that employees are made to feel intimidated in this way - and of course if you try to stand up for yourself you run the risk of being labelled a "trouble maker". Oh dear, I'm starting to rant too now !!

He was recruited through an agency and interviewed by 3 international directors who flew into the UK for the interview. He wasn't their first choice for the role they were interviewing for but they felt that they didn't want to lose his unusual skills so they created a role for him.

I'll ask him (at 11 this evening when he gets home from Paris) whether there was an HR type person involved at that point. I've not seen a contract but that doesn't mean there isn't one.

CAB website not quite accurate.

He is entitled to 4.8 weeks a year, 24 days if he works 5 days a week, and that can include bank holidays.

His employer doesn't have to allow him to carry over any holiday, but legally he must actually take 4 weeks off each year.

He needs to be firm with his employer, and when making a request, if they refuse it, ask them to tell him when he should take it instead. Put them on the spot. If they won't let him take it on the days he requests, he should make them tell him when he can take it instead.

I know that's not ideal, as you would like him to take it when it's most convenient for the family, but first priority here is actually getting him some time off.

The problem is most likely cultural. US firms don't understand the holidays we get in Europe and are likely to insist on 110% commitment.

The problem with this sort of behaviour is that it will be enormously difficult for your DH to insist upon his rights. Really difficult.

Is there any chance of your DH downsizing?

Hi flowerytale of NewYork,

Good advice about insisting they tell him when he 'can' take leave. No use this leave year but from January might make sure he does get a break.

Thank you.

Quattrocento,

You're right. I think the problem is one of lack of understanding though at one point when they decided he couldn't take leave they were all off celebrating Thanksgiving. When can we celebrate?