Self isolation and annual leave

sindba · Post by **sindba** » 08 Jun 2020, 20:26

If an employee was self-isolating without symptoms, and had annual leave booked during the time they were off, should they get that leave allowance back?

They were covered by a medical certificate one way or another, (health conditions, member of household ill etc) so surely they shouldn't lose leave allowance?

Is there any actual concrete guidance on this, I've read a lot and can't see anything anywhere. Surely it's not just up to managers discretion?

koolishy67 · Post by **koolishy67** » 10 Jun 2020, 13:22

Unfortunately happened with me and lost my 2 weeks annual leave

goddard7 · Post by **goddard7** » 10 Jun 2020, 14:56

All coronavirus absences are treated as sick.Working time directive,Government and ACAS all confirm that you cannot be compelled to take AL whilst on SL and are entitled to take the AL at a later date.Speak to rep and if no luck escalate to Cwu HQ.Believe it or not R.M are not above the law!

theotherone · Post by **theotherone** » 10 Jun 2020, 19:28

Of course you are fully entitled to your holiday back.Don't settle for anything less.

Woody Guthrie · Post by **Woody Guthrie** » 10 Jun 2020, 19:52

goddard7 wrote:Believe it or not R.M are not above the law!

It's not that clear cut with employment law.

This is what Irwin Mitchell say about it.

1. If staff are self-isolating during a pre-booked holiday, is this treated as holiday or absence and can they reclaim their holiday?

That will depend on the reason they are self isolating. If they are ill with Coronavirus or symptoms related to it the normal rules apply. Generally, this means they must be allowed to take their holiday at another time – even if this means allowing them to carry the leave over to another year. However, this only applies to the first four weeks of paid holiday and you don’t have to allow them to reschedule any other leave.

If they are self isolating because someone in their house has symptoms of Coronavirus, but they are otherwise well, then the position is less clear. They are entitled to SSP because of the new rules on deemed incapacity, but that is not, necessarily, enough to bring them within the case law on rescheduling of annual leave for employees who are incapable of work due to ill health. You can therefore use your discretion, but if you do allow them to reschedule leave, you must make sure that you exercise it consistently and don’t treat one group of individuals more favourably than others.