Annual leave query

Broxi51 · Post by **Broxi51** » 24 Jun 2016, 19:32

Hi, I was wondering if I am allowed to keep one week of my annual leave spare each year?
The reason I am asking is that this year so far my wife has been unwell and I've taken time off to care for her
plus my mum & dad are both elderly and beginning to struggle with countless hospital appointments.
I try to get them to get afternoon appointments but sometimes that isn't possible and they need
to be helped to get to those appointments. Management have been good by allowing my annual leave
but I am now out of any spare leave. I have 2 weeks off next January that I am not going away and
would be happy to cancel a week to keep for emergencies or for appointments but my manager has said
that this is not allowed. What happens if I need another day off and I have no annual leave spare? I cannot
afford to take special leave unpaid each time.

Cheers

rehabron · Post by **rehabron** » 24 Jun 2016, 20:27

Broxi51 wrote:Hi, I was wondering if I am allowed to keep one week of my annual leave spare each year?
The reason I am asking is that this year so far my wife has been unwell and I've taken time off to care for her
plus my mum & dad are both elderly and beginning to struggle with countless hospital appointments.
I try to get them to get afternoon appointments but sometimes that isn't possible and they need
to be helped to get to those appointments. Management have been good by allowing my annual leave
but I am now out of any spare leave. I have 2 weeks off next January that I am not going away and
would be happy to cancel a week to keep for emergencies or for appointments but my manager has said
that this is not allowed. What happens if I need another day off and I have no annual leave spare? I cannot
afford to take special leave unpaid each time.

Cheers

You are allowed to carry 5 days over into the next financial year but what also you should be looking at is " any other leave" formally known as special leave covering domestic distress and/or caring for dependants. Depending on the circumstances this will more than likely be unpaid and at the discretion of your line manager. If you are a union member explaining your circumstances and investigate the " any other leave" policy.

IcanthelpthewayIam · Post by **IcanthelpthewayIam** » 24 Jun 2016, 22:46

Your manager is basically correct, your full leave allocation should be sorted out by October prior to the next leave year as under the way forward agreement so if he is not letting you cancel leave etc he is within his rights,

unfortunately the legal position is that you don't have a right to take annual leave anytime you want it, yes you can request it, your employer has the right to tell you when to take your leave even if you don't want it at the time they dictate, your only right basically is the right to the minimum statutory leave each year anything other than that is at the discretion of your employer

Broxi51 · Post by **Broxi51** » 25 Jun 2016, 16:57

zx135 wrote:Your manager is basically correct, your full leave allocation should be sorted out by October prior to the next leave year as under the way forward agreement so if he is not letting you cancel leave etc he is within his rights,

unfortunately the legal position is that you don't have a right to take annual leave anytime you want it, yes you can request it, your employer has the right to tell you when to take your leave even if you don't want it at the time they dictate, your only right basically is the right to the minimum statutory leave each year anything other than that is at the discretion of your employer

Fair enough. The next question is what happens when my parents fall ill again? I may get special leave - paid for the first day but
then it is either annual leave or special leave - unpaid. Am happy to use up annual leave but I cannot afford to go without wages.

rehabron · Post by **rehabron** » 25 Jun 2016, 17:56

Fair enough. The next question is what happens when my parents fall ill again? I may get special leave - paid for the first day but
then it is either annual leave or special leave - unpaid. Am happy to use up annual leave but I cannot afford to go without wages.

Basically what you are asking for is to withdraw 1 week from your 2 weeks annual leave which has to be taken in January. Giving RM sufficient advanced warning that you wish to use this time for assisting your parents with hospital appointments is not an unreasonable request in relation to the circumstances. The way forward agreement allows for 5 days to be extended into the next financial year annual leave entitlement starting April 2017.
The Employment Rights Act 1996 Section 57A ( Time off for Dependants) allows for this request in an emergency or unforeseen event. Although what you have described would not fall into an emergency or unforeseen event in relation to your parents hospital appointments unless the appointments were altered at short notice but the fact is having explored having to have parents hospital appointments changed to coincide outside your RM duty hours you are now requesting your annual leave to be altered to assist your parents with the luxury of being paid. A reasonable employer with the advanced warning you are given and the resourcing levels at their disposal should have been able to meet with your request. Put your requirements in writing to your DOM explaining the reasons for you wishing to carry over 1 week and request a written reply. On receipt of your replay and not in your favour lodge a 2nd stage grievance which is copied to the Employment Relations Team Sheffield who will appoint a RM manager at a higher level of authority to investigate and send the reply received from your DOM with your 2nd stage grievance.

BarnsleyLackey · Post by **BarnsleyLackey** » 25 Jun 2016, 18:15

If you're not on an attendance stage, you know what to do.

IcanthelpthewayIam · Post by **IcanthelpthewayIam** » 25 Jun 2016, 21:36

Broxi51 wrote:
zx135 wrote:Your manager is basically correct, your full leave allocation should be sorted out by October prior to the next leave year as under the way forward agreement so if he is not letting you cancel leave etc he is within his rights,

unfortunately the legal position is that you don't have a right to take annual leave anytime you want it, yes you can request it, your employer has the right to tell you when to take your leave even if you don't want it at the time they dictate, your only right basically is the right to the minimum statutory leave each year anything other than that is at the discretion of your employer
Fair enough. The next question is what happens when my parents fall ill again? I may get special leave - paid for the first day but
then it is either annual leave or special leave - unpaid. Am happy to use up annual leave but I cannot afford to go without wages.

again at the end of the day you can only request, rm not under any legal obligation to grant, you then may need to decide what is more important to you, time off unpaid or no time off, it's a shite choice but that's what it legally boils down to

Broxi51 · Post by **Broxi51** » 26 Jun 2016, 17:46

Thanks for all the help. I will write to the DOM and see where it leads.

Cheers