Furloughed but made to use leave.

hilaryk09

I've been on Furlough since the start of April and have today been told that I must use one week's leave in may as they don't want us accruing to much leave.  Has anyone else had to do this?  I only get the stat min leave so a week is quite significant and I would prefer to keep it for when lockdown eventually ends and I can go out with my children.. I can understand the business perspective, however, it seems harsh tbh. 

bradders1983

Its perfectly legal as long as the notice period of you taking leave is double the amount of time of the leave (eg two weeks notice for one weeks leave)

calcotti

If they make you take leave they should pay you 100% of your pay for the period taken as leave.

daKlone

Good point calcotti.

Make sure that your employer realises that they cannot claim on the CJRS for the week you are on leave and that they must pay you 100% of your pay themselves.

calcotti

daKlone said:

Good point calcotti.

Make sure that your employer realises that they cannot claim on the CJRS for the week you are on leave and ...

Not sure that is correct. See https://www.gov.uk/guidance/check-if-you-could-be-covered-by-the-coronavirus-job-retention-scheme

You can take holiday whilst on furlough. Working Time Regulations (WTR) require holiday pay to be paid at your normal rate of pay or, where your rate of pay varies, calculated on the basis of the average pay you received in the previous 52 working weeks. Therefore, if you take holiday while on furlough, your employer should pay you your usual holiday pay in accordance with the WTR. Employers will be obliged to pay the additional amounts over the grant, though will have the flexibility to restrict when leave can be taken if there is a business need. 

 The whole issue of holidays and furlough seems very complicated. See Q41 of this document https://researchbriefings.files.parliament.uk/documents/CBP-8880/CBP-8880.pdf

daKlone

Yep, I think you're right there. Sorry for the confusion OP.

sharpe106

hilaryk09 said:

I've been on Furlough since the start of April and have today been told that I must use one week's leave in may as they don't want us accruing to much leave.  Has anyone else had to do this?  I only get the stat min leave so a week is quite significant and I would prefer to keep it for when lockdown eventually ends and I can go out with my children.. I can understand the business perspective, however, it seems harsh tbh. 

There is lots of things we all would be rather doing, but rather than thinking it is harsh how about be thankful to the others paying your wages for a few months.

calcotti

daKlone said:

Yep, I think you're right there. Sorry for the confusion OP.

I think we’re all confused by a lot of what is going on on!

Undervalued

hilaryk09 said:

I've been on Furlough since the start of April and have today been told that I must use one week's leave in may as they don't want us accruing to much leave.  Has anyone else had to do this?  I only get the stat min leave so a week is quite significant and I would prefer to keep it for when lockdown eventually ends and I can go out with my children.. I can understand the business perspective, however, it seems harsh tbh. 

Choosing when you take your leave is a privilege, not a right. You are entitled to at least the statutory minimum leave each year but your employer can totally dictate when you take it, subject only to giving fairly minimal notice.

It is not common these days but people forget that a company could legally close for 28 days per year and allow no other leave at all!