Accruing Annual Leave While Furloughed.

JamesBooks

Hi, 
The contract my boss has asked me to sign in regards to being furloughed states the following...
"The number of days of additional contractual holiday you accrue over the year will be reduced in proportion to the amount of time you spend on Furlough leave."
Is this correct?

Thanks for your help.

JamesBooks

Is there any clarity from the Government about this situation?

[Deleted User]

You can use unused holiday (annual leave) up to 2021 I think.

epm-84

JamesBooks said:

The number of days of additional contractual holiday you accrue over the year will be reduced in proportion to the amount of time you spend on Furlough leave.

To me that reads as you'll get the legal minimum for the period on furlough, rather than what your contract says.

So say your contract says you get 24 days plus Bank Holidays - that's 4 days over the legal minimum and say you're furloughed for 3 months - then you would lose your entitlement to one of those 4 days holidays and would end up having 23 days plus BHs.

Undervalued

epm-84 said:

JamesBooks said:

The number of days of additional contractual holiday you accrue over the year will be reduced in proportion to the amount of time you spend on Furlough leave.

To me that reads as you'll get the legal minimum for the period on furlough, rather than what your contract says.

So say your contract says you get 24 days plus Bank Holidays - that's 4 days over the legal minimum and say you're furloughed for 3 months - then you would lose your entitlement to one of those 4 days holidays and would end up having 23 days plus BHs.

Yes, that is how I read it too.

Additional holiday, over and above the statutory minimum of 28 days, is a purely contractual matter and can be lost for a whole variety of reasons.

Given that each week of furlough is effectively 4 days paid leave and one day unpaid leave, you can't really complain. The alternative may very well be being made redundant!

JamesBooks

I usually have 24 days to take when I like, and also have the bank holidays off.  What is the legal minimum?  

Coveredinbees!!!!

28 days including bank holidays so 20 days plus 8 bank holidays.

JamesBooks

So if I spent many months furloughed I could only lose up to 4 days?

sharpe106

Yes. Although if it goes on you will probably find they will make you take some holidays instead of furloughing you for the full time. Otherwise they will never get every bodies holidays in.

silvercar

The last thing any employer wants is people gong on annual leave as soon as there is work for them to do.
An employer can require you to take annual leave by giving you notice of twice the length of annual leave, so can give you 2 weeks notice now to take a weeks leave the first week of May.

epm-84

Undervalued said:

epm-84 said:

JamesBooks said:

The number of days of additional contractual holiday you accrue over the year will be reduced in proportion to the amount of time you spend on Furlough leave.

To me that reads as you'll get the legal minimum for the period on furlough, rather than what your contract says.

So say your contract says you get 24 days plus Bank Holidays - that's 4 days over the legal minimum and say you're furloughed for 3 months - then you would lose your entitlement to one of those 4 days holidays and would end up having 23 days plus BHs.

Given that each week of furlough is effectively 4 days paid leave and one day unpaid leave

Although, while on furlough you are on standby to return to work meaning if lockdown restrictions are lifted you can't just go away somewhere for a few days without first getting approval from your employer.  If you've got lots of DIY which needs doing then perhaps it's ideal.