Annual Leave
Absence during lockdown
PCS have received a number of enquiries from members about the use of annual leave. This briefing outlines the PCS position on annual leave.
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PCS continues to receive a high volume of members' queries regarding annual leave in the Home Office during this COVID-19 pandemic
Annual Leave
The fundamental purpose of annual leave is a non-working period of rest and relaxation. PCS continues to promote the positive benefits of taking annual leave, and the fight for longer periods of paid annual leave is a fight as old as trade unions.
Paid holidays allow members to take a break, rest and re-energise. For those who are attending work, time away from the workplace is vital to maintaining your well-being; even with limited recreational options. A break from work is equally important when working from home. It’s important that members take regular breaks away from the demands of the email inbox for their well-being and health.
During this time PCS acknowledges that there are several conflicting views regarding the use of annual leave. This can very much depend on individual circumstance and the variety of working practices in operation whilst lockdown is in force.
Leave Carry Over
In the Home Office the right to carry over 9 days annual leave already exists. Furthermore, the annual leave policy allows managers discretion to consider a carryover of days in excess of 9 days should there be specific reasons for this. Given there is no contractual right to carry over more than 9 days then we recommend early discussions with managers if. there are specific reasons for wanting to carry over excess leave; for example weddings or visiting family abroad.
Members should keep in mind the potential danger of losing excess annual leave if they haven’t taken it or pre-arranged carry over with their management chain.
Working Time Regulations Changes
Members may be aware of the recent amendments to legislation to allow extra carry over into the next year. This means that where it has not been reasonably practicable to take annual leave then employees can carry it over to the next leave year. If members have had leave refused, then they should contact their local reps to see if this can be resolved and ensure that a record is kept of these occasions.
Cancelling leave
Although there is no right to cancel leave once it is booked, individual cases should be considered by managers, for example leave booked for a holiday which has been cancelled. PCS believe that managers must look at the specifics of each individual case and assess them within the terms of the annual leave policy.
We would expect that requests to cancel leave are considered in the round. taking into account members' desire to re-book at a later stage in the year.
Special Leave with Pay
If members are fit to work but unable to do so because of the restrictions due to COVID-19 then they should be on special leave with pay and should not be forced to take annual leave. However, members should still consider taking leave during this period and there is no restriction to requesting and taking leave.
It should be noted that there is no right to carry over in excess of 9 days so members should keep this in mind if they have not taken annual leave whilst on special leave.
Conclusions
PCS recommends that members take annual leave when they choose to maintain their well-being and use leave allocations when they can. Annual leave is a hard-fought right. Use it, don’t lose it.