Q&As

If an employee wishes to take holiday while they are on flexible furlough, how should the employer deal with that holiday, and how should holiday pay be calculated?

read titleRead full title
Published on LexisPSL on 22/09/2020

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • If an employee wishes to take holiday while they are on flexible furlough, how should the employer deal with that holiday, and how should holiday pay be calculated?

If an employee wishes to take holiday while they are on flexible furlough, how should the employer deal with that holiday, and how should holiday pay be calculated?

For information:

  1. on the revised Coronavirus Job Retention Scheme (CJRS), see Practice Note: Coronavirus Job Retention Scheme (revised version 1 July to 31 October 2020)

  2. on holiday and holiday pay during the coronavirus (COVID-19) pandemic, see Practice Note: Coronavirus (COVID-19)—holiday and holiday pay

  3. on holiday and holiday issues generally, see Practice Notes: Holiday and Holiday pay

It is clear that:

  1. employees can take holiday while on furlough

  2. the legal framework for calculating holiday pay applies to furloughed workers exactly as it applies to those not on furlough

See the section of Practice Note: Coronavirus (COVID-19)—holiday and holiday pay entitled: Furloughed workers, under the heading ‘Holiday pay’.

The BEIS guidance Holiday entitlement and pay during coronavirus (COVID-19) has not been updated since it was first published in May 2020, and does not deal specifically with flexible furlough under the revised CJRS. However, it sets out in relation to workers who have been placed on furlough that:

  1. they continue to accrue statutory holiday entitlements, and any additional holiday provided for under their employment contract

  2. they ‘can take holiday without disrupting their furlough’, ie the taking of holiday will not contravene the CJRS rules and so will not jeopardise the claim for their

Related documents:

Popular documents