Employment Legislation Update: June 2017

As we approach the peak holiday season, it is worth taking a look at some of the key points to help employers manage time off.

During the first year of employment, a new worker can be required to accrue holiday before it is taken. This does not apply after one year’s service but employers should try and manage leave throughout the year.  There might be exceptions, such as a trip to Australia, but it should be remembered that holiday entitlement was part of a piece of legislation which was introduced as a health and safety measure.

A worker who falls ill prior to or during a period of annual leave, has the right to have it converted to sickness rather than holiday and can be asked to produce a medical certificate.  There is, however, no right to change this the other way around and some employers will refuse to allow employees to phone in and ask for a day’s holiday when they are sick as this can hide an absence problem.  Also, it goes against the purpose of holiday entitlement, which is a rest from work.

During periods of absence due to sickness, workers continue to accrue annual leave.  If the worker is unable to take this during the leave year due to ill health, they are allowed to carry a maximum of four weeks into the next year.  Leave can be carried forward for up to 18 months from the end of the leave year in which the leave was accrued.

And what if someone has taken too much holiday entitlement when their employment ends?  You can only deduct this from their pay if there is a “relevant agreement”, ie a clause in their contract or a handbook, so keep a running total of the amount of leave taken and make sure that terms and conditions of employment are up to date. 

Employers should also set out rules regarding absence due to failure to return from holiday at the required time. There may be circumstances which are outside the control of the worker, but rules should set out how workers should get in touch with their employer to explain the delay and what steps the employer will take if no contact is made. 

If you would like further information or support for your business please contact Sheila Watson on 01429 857082, sheila.watson@hartlepool.gov.uk 

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