Furloughed staff holidays. Mandatory carry over to next year?

Retired_Minky

I own a business and have furloughed staff since March. Most are back at work on a part time basis and some are back full time.
I've paid staff at full salary rate rather than 80% whilst furloughed and absorbed the additional cost myself.
I appreciate that staff are still entitled to their full holiday while furloughed so I've kept track of the full allowance they'd be entitled to as if they'd worked full time over the entire period.
The holiday year for the company runs from Jan to Dec. One of my staff has said they do not wish to take any holiday this year as they'd not be able to go abroad as they normally would. I normally don't let staff carry over holiday unless exceptional circumstances (which obviously we're in). This member of staff has approached me. They are aware of the normal normal policy and have told me that I have to allow full carry over of holidays in to next year due to the Corona virus.
Can I check if that is the case? I'm happy to roll over some of the holiday due to the exceptional circumstances but if a lot of staff request carry over the full allowance it has a big impact on my budgets for next year.

p00hsticks

It's true that the regulations on carrying over leave have been relaxed, but my understanding is that the thinking behind it was to protect those who had to work round the clock during lockdown, such as NHS frontline staff, distribution workers etc and so did not get a chance to take time off before they reached the end of thir particular holiday year.

I don't think  an employee can insist on carrying days over if they have ample opportunity to take them earlier, because as an employer, you are still entitled to tell them that they have to take holiday provided you give them a notice period of at least twice the holiday time (e.g. two weeks notice to take one weeks holiday).

Details on the relaxation is here

https://www.gov.uk/government/news/rules-on-carrying-over-annual-leave-to-be-relaxed-to-support-key-industries-during-covid-19

tizerbelle

They are misinterpreting the regulation.  They may have decided they aren't going abroad because of covid but that is their choice and is not the same as you not letting them book annual leave because you are short of staff due to covid and need to keep the business staffed.      This page probably gives a better explanation for you - see the paragraph called What is reasonably practicable

bradders1983

Booking time off work also doesnt mean going abroad in every case either 

gary83

Your staff are currently able to go abroad, but I t’s not mandatory to go abroad when your on leave/holiday from work. If your employee still doesn’t feel upto going abroad next year (& lets be honest nobody really knows what things will be like in future) will they want to roll them over again? Seems to me it’s just another example of the self entitlement we see as a result of the furlough scheme.

if it was me I’d explain to the employee that you won’t be allowing carry over of Excess leave to next year, as the business can’t cope with everyone demanding twice as much time off as usual next year as they don’t want to take any leave as they’ve been on furlough. The employee could think themselves lucky that you didn’t mandate them to take any annual leave during their furlough period.  

Socajam

I think its selfish of your staff wanting to full holiday when you have been paying them 100% of their salary instead of 80% - seem they are nothing by takers.
When and if the next wave comes, you will know how to act.

bradders1983

Also...do they not want any time off at Xmas then? Or at any point in the next 5 months? Its a long time to go without a week off, as a boss you could say you arent prepared to allow that for his or her welfare.

Retired_Minky

Thanks for the replies.
In terms of Xmas we're closed on Xmas day, Boxing day and New Years but are open other wise. This particular member of staff normally works through Christmas.
I might be wrong as they haven't said this  but I "think" they might see the furlough time off as enough of a respite from work and not wanting to take any other time off and carry it over to next year.

bradders1983

Sadly for them, life doesnt work like that.

YBR

Perhaps allow a limited amount of carry over? 5 days will be allowed by my employer.

normanna

If you are still furloughing them for a while yet I would give them appropriate notice now that they need to use up 1 or 2 weeks holidays in the short term or your business could suffer later in the year due to leave thats been accrued