Jul 2020
10
Annual Leave and COVID-19 - Your Questions Answered
COVID-19 has presented countless challenges to every kind of business you can imagine. Whether you’re in retail or construction, banking or manufacturing, navigating the current circumstances while trying to keep your business afloat has been the cause of much confusion, frustration and anxiety. And one of the most commonly cited points of debate has been how the pandemic does or doesn’t affect annual leave for employees, and how employers should handle this moving forward.
These concerns aren’t unwarranted. There have been significant changes to how businesses can and in many cases, must, grant annual leave to employees. Understandably, many employers and managers are worried about denying employees their statutory rights and any potential circumstances arising from that.
So, with those concerns in mind, here’s everything you need to know about annual leave and COVID-19.
1. Do Employees Continue To Accrue Annual Leave?
Yes, and no. Employees who have been laid-off as a result of the pandemic will continue to accrue public holidays as normal that occur during the first 13 weeks. However, they will not accrue annual leave during the period of lay-off. Employees working short-time will continue to accrue leave for the hours they work.
The annual leave that employees accrue up until the point of being laid off will remain intact and employers should not pay employees in lieu of this annual leave. Instead, it should be made available to the employee to take once they return to work.
Given the exceptional circumstances that we are currently living in, it could well be the case that an employee genuinely cannot take their accrued annual leave this year. If this situation arises employers should try to be flexible in terms of allowing an employee to carry over leave into the next calendar year.
2. Do Employees Have To Take Annual Leave During Lay-Off?
Many employers are asking that their employees take annual leave while they can’t work during the lock-down period. However, some employees are resisting this and employers are wondering if they are within their rights to require that their staff take their holidays now.
Although employees have a statutory right to take any annual leave accrued, they can only take these holidays at a time that suits their employer. This rule is in place to avoid all employees taking their holidays at the one time, or during particularly busy periods (such as Christmas time for retail businesses). As such, employers can ask their staff to take their annual leave during lockdown as this ensures that they will be available to work when the business reopens.
However, it is advisable that employers try to be as accommodating as possible in this regard. Annual leave is typically used to rest and relax, often on holidays abroad. As this option isn’t available to employees who are cocooning/shielding, it could be prudent to allow those employees to take their holidays later in the year when they have more flexibility to enjoy them, where possible.
3. Can Statutory Annual Leave Be Carried Over To Next Year?
Yes. Given the extraordinary circumstances in which we all find ourselves now, employers should be as flexible and accommodating as possible when it comes to carrying over annual leave into 2021.
4. What If I’m Ready To Re-open My Business, But My Employee Wants To Take Annual Leave?
If your employee has holidays accrued, then he or she is entitled to take those holidays. However, as the employer you do have discretion when it comes to when your employees can take their holidays.
If, for example, you are in the retail industry and are expecting high levels of traffic in your premises once you reopen, then you can choose to have more staff than usual on the shop floor at a time in order to meet high customer demand. In this case, you can refuse holiday requests for this time as you have a sincere need to have all employees available for work.
At the end of the day, it is your choice when you allow your employees to take their holidays. While it’s important to be as accommodating as possible in order to maintain positive relationships with staff, if you need them to be available for work you are within your rights to ask them to take their holidays later in the year.
Keep Up-To-Date on the Latest COVID-19 Guidelines for Employers
At Thesaurus Software we know how important it is to keep abreast of the most recent developments when it comes to COVID-19, especially as we navigate unchartered territories together. That’s why we’re holding regular webinars to share with you all news relating to Revenue updates, what employers need to know and how you can make sure you’re complying with best practices at all times.
Register for our upcoming webinar where we cover everything from important COVID-19 payroll updates to return to work government policies.
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