Amendment to Annual Leave Regulations - June 2020
Published: 09 June 2020
The Annual Leave (Amendment) Regulations 2020.
Tynwald has approved the Regulations which will come into force on 7th June 2020.
The Amendment to the Regs. will apply where a worker has not taken all of the leave to which they were entitled in respect of a leave year ('unused leave'). This has to be as a result of the effects of coronavirus whether on the worker, the employer, the wider economy or society or otherwise.
Unused leave may be carried forward and taken only in the two leave years immediately following the leave year in respect of which it arose.
Where employment terminates and the worker still has holiday entitlement in respect of any previous leave year carried forward due to this amendment, the employer shall make a payment in lieu of leave equal to the sum due.
As has always been the case, an employer may require workers to:-
- Not to take unused leave on particular days only where there is good reason to do so
- To take holidays by giving notice. This notice has to be double the amount of leave required to be taken. For example, to require staff to take a weeks holiday, the employer must give two weeks notice
For clarity, annual leave is accruing as normal throughout this period even if workers are not required to attend work. Any paid holiday must be paid at the normal contractual rate
In most situations, workers should use their paid holiday ('statutory annual leave') in their current leave year. This is 4 weeks in the Isle of Man.
This is important because taking holiday helps people:
- Get enough rest and to keep healthy, both physically and mentally.
If you have any questions do get in touch.