New guidance for employers and furloughed workers regarding holiday entitlement
The guidance published on 13th May 2020, found here (https://www.gov.uk/guidance/holiday-entitlement-and-pay-during-coronavirus-covid-19), outlines the entitlement of furloughed workers to take annual leave, and employers’ duties regarding annual leave entitlement during the coronavirus crisis.
For employers, the government has clarified that:
- They can require workers to take annual leave provided they give notice of twice the amount of annual leave that the wish the worker to take (for example, for 1 day of annual leave, 2 days of notice should be given)
- They can also cancel a worker’s holiday provided they give notice which is the same length as the planned holiday (for example, a 7 day holiday would mean that 7 days of notice has to be given)
For furloughed workers, their statutory holiday entitlement of 5.6 weeks per annum still applies.
In respect of holiday pay, it is explained that employers should pay full holiday pay while workers are on furlough. If the amount paid is above the rate of pay the worker receives on furlough, employers should pay the difference. Employers are still able to claim the 80% grant from the government, as taking holiday does not break the furlough period.