Annual leave question

Yorkie006

I need advice regarding my annual leave.
My company requires us to use our annual leave by end of December (the company is shut down over Christmas and the last working day of this year is 21st December).
A while back the management ask everyone with unused holidays to book them asap. I choose the dates I wanted (none of my co-workers picked the same days, it's a small team). The employee handbook states that we need to give double notice, iie if I want 1 week off, I need to give 2 weeks notice and that holidays are granted on a first come, first serve basis. I gave a 8 week notice for a 2 week holiday (required notice is 4 weeks so they had extra 4 weeks and nobody else is wanting those dates off). My holiday is due to start next week but now manager tells me that I can only have the time off if I arrange cover for it. We work on a 3-shift rota. I asked everyone on the following shift (and will speak to the previous shift) to cover my holiday but so far everyone declined. All other dates between now and 21st December are already booked (and I'm covering some of those myself) so there is no option for me the to change the dates. The annual leave must be used this year, it can't be transferred. Can the manager stop me using my holiday? He did not mention anything about me having to arrange cover until now and there is no mention of this in the handbook... I spoke to people working in a different department (same company and building) and their manager doesn't ask them to arrange cover before granting time off. My manager knew for over 7 weeks I wanted time off but waited until a week before it's start to tell me I can't have it without arranging cover myself (and offered no alternative days to use my leave as there are no dates left)... Where do I stand? And in case it makes any difference, we do not have a union so can't ask for there advice. Thanks.

Comms69

Was it approved? If so it’s too late for them to cancel it.

Yorkie006

Not approved, that's the point. They knew about it for 7 weeks and did nothing to make arrangements for cover...

ReadingTim

Suggest that, in the first instance you go back to your manager and tell him/her what you've told us - that you've tried to arrange cover, no-one's willing to help, and there are no alternative dates, meaning you can't use it.

Either flat out ask him what you should do, or suggest that either a temporary relaxation of the notice periods, number of people off at one time rules need to be made, or that you're allowed to carry it over into the new year.

In the first instance make it his problem (that's partly what managers are paid to do - manage staff) and see what you're told - an accommodation may be reached. Only then should you escalate, or seek legal advice. However, on the assumption that these rules aren't new, you do have some responsibility to ensure that you do use up your holiday with sufficient notice, and should have chased up an unapproved holiday request a bit earlier than you did - people forget stuff/overlook e-mails, so it's just as much on you to chase in case that's happened, rather than assume they're sitting on something to be awkward.

Yorkie006

That's the problem, the manager doesn't want to know... I followed all the rules (notice period, first come first served basis) outlined in the handbook. When I asked him what am I supposed to do, his response was to organise cover (isn't that supposed to be his job?). I also asked if there were any other dates available to take my holiday (in case I couldn't get cover) and he said all other dates were already booked so tough, you lose your holidays. My manager doesn't like me so I suspect he will do nothing to help me out. So what happens if I can't use my holiday before the year ends and can't transfer it into new year? Can he actually stop me using my annual leave even though I followed all the rules set out in the handbook?

Savvy_Sue

Yorkie006 wrote: »

And in case it makes any difference, we do not have a union so can't ask for there advice. Thanks.

'We' may not have a union, but YOU can join one, and if you think your manager doesn't like you, I'd strongly recommend doing so. Maybe too late for this issue, but if there might be others then it'll be worthwhile.

Yorkie006 wrote: »

That's the problem, the manager doesn't want to know... I followed all the rules (notice period, first come first served basis) outlined in the handbook. When I asked him what am I supposed to do, his response was to organise cover (isn't that supposed to be his job?). I also asked if there were any other dates available to take my holiday (in case I couldn't get cover) and he said all other dates were already booked so tough, you lose your holidays. My manager doesn't like me so I suspect he will do nothing to help me out. So what happens if I can't use my holiday before the year ends and can't transfer it into new year? Can he actually stop me using my annual leave even though I followed all the rules set out in the handbook?

How long have you been there? Do you have an HR dept? If not, who manages your manager?

I would definitely NOT raise a grievance because 'my manager doesn't like me'. However, I would consider saying to him that as you submitted the holiday request in good time and he has only now told you to arrange cover, and that as you have tried to do so but found it impossible, then if he is not able to suggest when you CAN take your holiday then you will need to take it further.

Is yours the kind of job where it is possible to be short-handed, or not?

paddedjohn

If you can't find cover and your manager won't help then refuse to cover for others.
By not refusing the request in such a long space of time surely it's deemed accepted and too late for it to be cancelled.

getmore4less

Have a very good look at the handbooks and rules for holiday.

These contractual arrangements can override the statutory provisions but they may have missed one key element of those.


The default statutory provision is any request for holiday(giving the relevant notice) stands unless told you can't take it(giving the relevant notice)

For 2 weeks that "you can't take" needs to be 2 weeks before.


You are looking for terms that would override that notice, a very common one is "all holiday requests must be approved"


Not that any of that will help if the employer is going to be difficult.

How you deal with this going forward depends on the dynamic, if you escalate will the outcome make relations worse going forward or can the boss get taken down a peg, sometimes higher ups know what's going on and can use situations like this to sort it out.

Sounds like you have some flexibility to change so can be more aggressive in making sure you get your holiday.

There is a secondary issue

If taking holiday always requires cover(people doing extra shifts) there is a problem as that amounts to compulsory overtime and should be reflected in holidays and holiday pay.