Claiming holiday back by end of financial year

Reo · Post by **Reo** » 27 Feb 2017, 09:46

Hello , I have been off sick since January and going back to work week of 27th March , in the time I was sick I should of had nearly 3 weeks leave , I know I can claim that back but as we're so close to the end of year wondering if there is a rule where you can take it in to next's years leave or not

Wanted to get the heads up before my manager makes his own rules up

Thank you

DGH · Post by **DGH** » 27 Feb 2017, 10:32

Carrying leave over may only be done if both employee and employer agree (this is law, not a company agreement). Obviously exceptional circumstances might make it difficult for leave to be assigned if there's a large amount left towards the end of a leave year (which should occur only exceptionally) and the presumption would be then that both parties would agree to a carry over if necessary.

However note that while employees may request leave be assigned at specified times and while there is a general presumption that an employer should make reasonable efforts to accommodate leave requests, ultimately leave is assigned at the employer's discretion (so they could turn round and say 'take the last three weeks in March', regardless of your preference.

Reo · Post by **Reo** » 27 Feb 2017, 14:37

Thanks maybe il give him a ring and worst case il take the last week of March as holiday if he says il lose the 3 weeks that I would of had if I wasn't sick

peshwaarinaan · Post by **peshwaarinaan** » 27 Feb 2017, 16:19

I'd have thought that if you have been off sick they will agree to carry it forward. That's only fair in my opinion. It's not your fault that you couldn't take your holidays. Deffo don't let them take it off you and get the Union involved if they try to!

joewyan · Post by **joewyan** » 27 Feb 2017, 17:11

Reo wrote:Thanks maybe il give him a ring and worst case il take the last week of March as holiday if he says il lose the 3 weeks that I would of had if I wasn't sick

Bear in mind that the last week of March this year (w/c 27/3) is actually week 1 of next year's holiday just to give you the heads up.

Hope you get it sorted.

Reo · Post by **Reo** » 27 Feb 2017, 19:51

Cheers

South_London_Postie · Post by **South_London_Postie** » 27 Feb 2017, 22:51

So out of curiosity can you not agree with the business to be paid for the outstanding leave ? What happens if you refuse to let it roll over ? And the dom refuses to accomdate you before the year end ?

smok3y666 · Post by **smok3y666** » 01 Mar 2017, 08:10

I rang HR yesterday because I have found out that my manager has been lying to me about not having anu holidays left from I tranferred over from PF. I was told before I left yesterday that I could not take my leave (which I have found out I know have some owing) and that I would have to be paid for it by PF. HR said there's no way I would be paid for any unused leave and that I either had to take it or carry a max of 5 days over.