Annual leave spare days

[petercostello]

I have got 3 spare days leave through working bank holidays etc had a letter from balance of staff saying either book them or you may have them scheduled for you.Can they just use your days by putting them in on quiet periods.I want my days for special occasions etc what's the point of getting these days in the first place.

[ninja]

They are wrong.
You can carry 5 days over to the next leave year as an entitlement.
It's covered by the wayforward agreement.

[TrueBlueTerrier]

I have got 3 spare days leave through working bank holidays etc had a letter from balance of staff saying either book them or you may have them scheduled for you.Can they just use your days by putting them in on quiet periods.I want my days for special occasions etc what's the point of getting these days in the first place.

Unfortunately in law yes they can.

They are wrong.
You can carry 5 days over to the next leave year as an entitlement.
It's covered by the wayforward agreement.

Which I quote below:

Carrying leave into another year

Annual leave should generally be taken in the year that it is due, and the business expects all employees to have at least four weeks away from work every year. However up to one week (or 5 odd days) may be carried over into the next leave year, and up to five days may be anticipated during the last month of the previous leave year. Transfer of leave in excess of these limits requires written permission from the line manager, except that leave that cannot be taken due to sick leave may be allowed in the following year. Where this is granted and would reduce the annual leave taken in a particular leave year to less than four weeks, the individual must also confirm in writing that they are willing to voluntarily forgo their statutory leave entitlement under the Working Time Regulations 1998.

"May" doesn't confer an entitlement, it presents a possibility. However, I would expect the local rep to at least attempt to change the manager's mind, but by a strict interpretation of the agreement, they don't have to.

Sorry if that disappoints, but its better to give bad news rather than raise false hopes.

[Winteriscoming1984]

Your lucky in our office most people have excess annual leave someone has 22 days yet when we ask for them they always refuse. We have just had a repuck of duties so rest weeks had to change and some people has to wait 11 weeks for a rest week with the days they owe us added to annual leave as long as managers have there holidays correct that's all that matters to them sod the little people

[POSTMAN]

I have got 3 spare days leave through working bank holidays etc had a letter from balance of staff saying either book them or you may have them scheduled for you.Can they just use your days by putting them in on quiet periods.I want my days for special occasions etc what's the point of getting these days in the first place.

Unfortunately in law yes they can.

They are wrong.
You can carry 5 days over to the next leave year as an entitlement.
It's covered by the wayforward agreement.

Which I quote below:

Carrying leave into another year

Annual leave should generally be taken in the year that it is due, and the business expects all employees to have at least four weeks away from work every year. However up to one week (or 5 odd days) may be carried over into the next leave year, and up to five days may be anticipated during the last month of the previous leave year. Transfer of leave in excess of these limits requires written permission from the line manager, except that leave that cannot be taken due to sick leave may be allowed in the following year. Where this is granted and would reduce the annual leave taken in a particular leave year to less than four weeks, the individual must also confirm in writing that they are willing to voluntarily forgo their statutory leave entitlement under the Working Time Regulations 1998.

"May" doesn't confer an entitlement, it presents a possibility. However, I would expect the local rep to at least attempt to change the manager's mind, but by a strict interpretation of the agreement, they don't have to.

Sorry if that disappoints, but its better to give bad news rather than raise false hopes.

I would say the 'may' part is on the postie, 'the postie may if he want's to' and not at the manager's discretion.
Where has this come from Teebs as this has never been mentioned before on here and that part of the way forward is not as unclear as other parts, and every other part of our ambiguous agreements.
Why has this suddenly become muddy waters now where it has never been and tbf ever needs to be.

[TrueBlueTerrier]

It's a subtle one. The postie can ask and because of the "may" that gives them the right to get it carried over.

However, the law says that managers can tell staff when to take leave.

SO yes the OP can be told when to take outstanding leave, and then the discussion between the rep and manager about carrying it over as per the agreement should begin.

I just didn't want the OP to go in all guns blazing and demanding they be allowed to take leave when they wanted in the belief it was their right to do so. That would make the manager dig in and force the leave to be taken, which they can do in law.

https://www.gov.uk/holiday-entitlement-rights" onclick="window.open(this.href);return false;

Employers can:

tell their staff to take leave, for example, bank holidays or Christmas

[loverman shabba]

this is a massive reason people abuse the sick leave system.

[aiden01]

this is a massive reason people abuse the sick leave system.

People just abuse it no matter what. like when the sun shines.