Furlough and annual leave

vwsplitt66

Hi my son is on a zero hour contract and has been furloughed since March should he still be accruing annual leave? And also he had got a day's annual leave booked for March which he didn't take due to furloughed but his work are saying that he has lost that day due to it being a new tax year. Thanks

epm-84

Annual leave is incurred on furlough but his employer may ask him to use annual leave while on furlough, which will prevent him being recalled on the days he has annual leave booked.

When you say he didn't take it the day's annual leave in March do you mean he or his employer cancelled it?  If it wasn't cancelled then it should be classed as being taken with his employer required to pay his normal holiday pay rate for that day.  If your son cancelled it and he couldn't/didn't rebook it in before the end of the holiday year then he lost it.  If the employer cancelled it and it couldn't be rebooked before the end of the holiday year then it should be carried forward.

vwsplitt66

He hasn't used any annual leave whilst on furlough, his employer is saying that he hasn't accrued any annual leave because he hasn't worked any hours. His days annual leave in March wasn't cancelled by him he was put on furlough before he took the day and they didn't pay him for it. Thanks for your help

epm-84

vwsplitt66 said:
He hasn't used any annual leave whilst on furlough, his employer is saying that he hasn't accrued any annual leave because he hasn't worked any hours. His days annual leave in March wasn't cancelled by him he was put on furlough before he took the day and they didn't pay him for it.

What's happening is not coming across very clearly in your messages, possibly because you are saying what your son has been told by their employer.  Maybe your son should phone ACAS and talk through exactly what is happening with them?