Updated guidance on holiday for furloughed staff

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Heidi Roper from View HR updates on the latest from the Government on holiday during furlough.

Last week guidance on the status of holiday during furlough leave was released with some outstanding questions. On May 13th the guidance was updated. Whilst most of the guidance remains the same some key items have been updated.

The key elements still stand;

  • An employee can ask an employer to take annual leave during their furlough leave period. Where the annual leave is authorised, an employee’s days of annual leave should be topped up to 100% of their normal remunerations. Therefore, an employer would need to top up the 80% or pro-rata £2500 cap furlough grant.
  • If an employee usually has bank holidays off work and this is a contractual entitlement, their employer will need to either top up their pay to their normal holiday pay (i.e. 100% of normal renumeration) or give the employee a day off in lieu. If you did not do this in April, it is arguable that you could do this retrospectively for April but make it clear that you are doing this.

 

It is also now confirmed that:

  • Employers can ‘require’ employees to take holiday as long as the appropriate notice is given (this is the same notice as would normally be applied which is double the time to be taken i.e. 2 days’ notice for 1 days holiday)
  • Interestingly, there is also a statement in the updated guidance that mentions that those employees that are currently on furlough leave are unlikely to have holiday to carry over into the next holiday year as they have the ability to have used that holiday during their furlough leave unlike those that have been working and, therefore, unable to take their leave entitlement.  This is consistent with the government viewing the relaxed lockdown as employees being able to relax and enjoy the time away from work.

This is a constantly evolving situation and View HR can assist if you require more specific guidance.

Please find the full updated guidance link below for your further review:

https://www.gov.uk/guidance/holiday-entitlement-and-pay-during-coronavirus-covid-19

For more information call view HR on 01425 205391 or see  www.viewhr.co.uk