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Holiday entitlement post covid-19

In some limited circumstances the government has introduced a temporary new law allowing employees and workers to carry over up to 4 weeks’ paid holiday into their next 2 holiday leave years. This relaxation will apply where someone is either self-isolating or too sick to take their holiday before the end of their leave year or where they have had to continue working and haven’t been able to fit in a holiday.

The usual position is that you should use your statutory leave (5.6 weeks including bank holidays) in the current year; at the discretion of the employer you may be able to carry forward some of your unused entitlement which exceeds the statutory minimum, but the basic rule is “use it or lose it”. The point of a holiday is to get rest and to keep mentally and physically healthy so that is why people are required to use their holiday allowance.

In these difficult times, employees and employers will want to be flexible about taking holiday. There should be a good discussion around issues such as why either party might need to cancel a holiday, some flexibility if employers are insisting on holidays at particular times and everyone will want to keep an eye on their mental and physical health.

If you have been furloughed, then you can take some or all of your holiday during that time. The advantage would be that you would be paid your full pay (as opposed the furlough rate) for the time that you are on holiday.

If you need to talk to someone about an employment matter please call our office on 01142255891 or 01142256666 or email enquiries@shulaw.co.uk.

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