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Issue 3 2020 27 I t is a challenging time in the workplace right now, with the ongoing pandemic situation and the uncertainty of when normality will resume. Consequently, we have been receiving a high volume of queries on annual leave and furlough, which we know can be a real headache to manage. How will it a ect employers if employees start requesting time o work after returning from furlough, with their full holiday entitlement still intact? Employers can force employees to take holidays whilst on furlough or any time by giving the correct notice of the requirement to take holiday, which is twice the length of the holiday proposed. So, if the company required an employee to take two days’ holiday it would have to give four days’ notice. EMPLOYEES CANCELLING PREVIOUSLY-BOOKED HOLIDAYS An employee may no longer wish to take time o for a previously booked holiday because of holidays or hotel cancellations. An employee can request that their holiday is cancelled, but the employer can insist the employee still takes this time o . However, it is best practise to try and come to some agreement. PRE-BOOKED HOLIDAYS AND QUARANTINE As travel advice is ever-changing, the following guidance is based on the current Government guidelines at the time of writing. If an employee is returning from a country which requires them to quarantine for 10 days (may be subject to change), what are the options for the Employer and Employee? THE OPTIONS AVAILABLE: If the employee has outstanding annual leave remaining in their allowance, they may book this time as annual leave. The company will consider this request and accommodate if possible . If the employee does not have any outstanding holidays available, or the request for additional holidays cannot be accommodated, the time they spend in quarantine will be classed as unpaid leave. Employees are not entitled to be paid SSP for this period unless presenting symptoms. FUTURE HOLIDAY REQUESTS: CAN THE EMPLOYER REFUSE? If an employee puts in a new holiday request and they are intending to go abroad to a country which is on the quarantine list, the company can refuse the holiday request. If the employee decides to take the time anyway, formal disciplinary action may be taken upon their return. WHAT CAN THE EMPLOYER DO IF EMPLOYEES ARE STRUGGLING TO FIT IN LEAVE DURING THE COMPANY’S HOLIDAYYEAR? At the other end of the spectrum, there may be those who would want to take holiday but are unable to do so because of the demands created by the pandemic. In recognition of this, new regulations came into force in March allowing the four weeks of the Working Time Directive (20 days) to be rolled over for up to two leave years, with the remaining eight days being rolled over for a year. Any employee will qualify for a roll-over if they have been unable to take holiday because of the impact of the coronavirus either on them or their family. Overall, the advice is to try and be as exible as possible, communicate with employees about plans, concerns, why holidays may have to be forced or cancelled. Listen to ideas and suggestions to reach a compromise where possible, and remember - it’s a di cult time for both employers and employees. << For further information and training, please visit www.gov.uk/guidance/hol iday- entitlement-and-pay-during- coronavirus-covid-19 or contact HAE EHA BusinessGuard on 0121 380 4612 .