Why employers should think differently about granting holidays this year

Thursday 01 July 2021

Employers are being warned about the dos and don'ts of granting holidays to staff in a world where the very concept of 'going on holiday' has changed.

Law At Work HR Business Partner Michaela Swann had this to say...

Managing holidays are not usually a big concern for employers. Staff look forward to taking their holiday entitlement and consider it an essential part of their benefits package.

Holidays provide employees with time to rest and recharge, which helps achieve a better work-life balance. As an employer, you can work around the planned leave for all employees to ensure nothing is left unattended.

Pictured: "Holidays provide employees with time to rest and recharge."

However, after such a strange 18 months, there are issues from the restrictions put in place many months ago, which business owners and HR professionals must now deal with.  

After the latest Government of Jersey announcement, holidays are starting to creep up the HR agenda as the island begins to relax quarantine and isolation rules as the borders start opening. And let’s face it, with many of us staycationing last year, we are desperate to get off the rock. 

Many employees were reluctant to take leave while travel options were limited and many carried over their holidays from last year. Employers should be taking proactive steps to avoid potential holiday issues escalating while they still can.

The best course of action is for employers to outline their expectations now. Clearly stating what your approved work practices are will prevent any misunderstandings once employees start requesting holidays. 

Pictured: "Clearly stating what your approved work practices are will prevent any misunderstandings once employees start requesting holidays."

You will need to consider the following when preparing them.

• Will self-isolation periods be classed as time working from home, or will staff need to incorporate periods of self-isolation into their holiday time off?  
• Will you allow time to be made up? 
• Will you allow unpaid leave? 
• Are you going to relax the number of staff who can be off at any one time? 
• What will happen if employees test positive before they return to work?  
• For those who have received their second vaccine, what will happen if an employee receives a negative test on Day 0, then tests positive on Day 5 and have been allowed back to work?  

Suppose you ask staff to take additional holiday time to cover isolation - in that case, there are a few things to consider, especially if employees cannot work at home. Although working from home may no longer be an issue for many employers, remote working is not possible for all. 

Firstly, you will need to be mindful of the employee’s annual leave entitlement and determine if they have sufficient holiday allowance left to cover isolation periods. Secondly, employers must consider who else requires holidays simultaneously to ensure you don’t experience a lack of staff and find yourself unable to run your business.  

An employer can typically refuse annual leave requests if the business cannot accommodate the employee’s absence or if the employee doesn’t have enough allowance left. As an alternative, you can offer unpaid leave but ensure your documents are up to date to allow this refusal.

Before declining any annual leave, employers should also reflect on why the employee is requesting leave. For example, there may be exceptional circumstances like a family bereavement that requires an employee to travel. In this instance, you may decide to take a different approach.  

You should also communicate why cancellations may be rejected, as all cancellations and amendments need to be treated in the same way to ensure no one is treated less favourably than anyone else.

Finally, don’t forget – if holidays are refused or not booked because travelling is not an option, you may end up with ‘presenteeism.' This term refers to the loss of productivity when employees turn up to work while not functioning at their normal levels due to illness, injury, or another condition. In addition, burnout from not taking a break will significantly affect an employee’s output, so ensure your staff are getting adequate time off to recover.