Time off over christmas

Beekay

Looking for a small bit of advice.

It is my first Christmas in a full-time 9-5 job and was just looking clarify something about the christmas break.

Our manager has said that we will closed from Christmas Day until the 5th of January. And that any days that are not weekends or public holidays will be taken from our yearly holiday allowance.

Am I entitled to ask for them not be taken from my yearly holiday allowance and just not get paid for them?

Thanks

howamidifferent

Yes you are entitled to ask.
No they are not bound to comply with your request.

For many employers, holding employee benefits/holidays is a liability on their books. The sooner you consume your entitlements (take your holidays ) the sooner the liability is gone from their books.

kopfan77

howamidifferent wrote: »

Yes you are entitled to ask.
No they are not bound to comply with your request.

For many employers, holding employee benefits/holidays is a liability on their books. The sooner you consume your entitlements (take your holidays ) the sooner the liability is gone from their books.

+1 on this.....its how it works where I am.....you can ask but it is taken on a case by case basis and would depend on things such as how many days do you have remaining, how many/if any you are entitled to carry over etc

Beekay

But why should they be classed as holidays if they are closed for business?

Just like weekends wouldn't count as holiday days as they are closed.

davo10

Beekay wrote: »

But why should they be classed as holidays if they are closed for business?

Just like weekends wouldn't count as holiday days as they are closed.

Check your contract, a lot of businesses (including my own) stipulate that the company is closed between Christmas and new year, and that the days in between must be taken as holidays. Holiday leave times are at the discretion of your employer, the amount of days taken per year is based on time accrued and is covered by employment legislation.

Is your place of work open at weekends: are you contracted to work at weekends? If not then your point about weekends doesn't stand up.

TOEJOE

This is now normal in the Public Service.

jimmycrackcorm

If you work in a small business then it's likely you only get statutory holidays and won't be allowed to take them unpaid

Beekay

davo10 wrote: »

Check your contract, a lot of businesses (including my own) stipulate that the company is closed between Christmas and new year, and that the days in between must be taken as holidays. Holiday leave times are at the discretion of your employer, the amount of days taken per year is based on time accrued and is covered by employment legislation.

Is your place of work open at weekends: are you contracted to work at weekends? If not then your point about weekends doesn't stand up.

It doesn't mention anything in the contract about Christmas.

My place of work is closed on weekends so I am not contracted to work them.

Beekay

jimmycrackcorm wrote: »

If you work in a small business then it's likely you only get statutory holidays and won't be allowed to take them unpaid

Surely it wouldn't be unpaid holidays as the business is closed. How can I take holidays from somewhere that isn't open?

davo10

Beekay wrote: »

It doesn't mention anything in the contract about Christmas.

My place of work is closed on weekends so I am not contracted to work them.

If they are closed and you are not contracted to work them, what is your point about comparing weekends to the working days the business is closed between Christmas and new year?

You do realise that when your employer says that those days will be taken out if your holiday leave, that you do get paid for those days like any other holiday leave, PROVIDED you have worked enough days this year to have accrued enough holiday leave to be entitled to be paid.

How many days per week do you work and how long have you worked there?

davo10

Beekay wrote: »

Surely it wouldn't be unpaid holidays as the business is closed. How can I take holidays from somewhere that isn't open?

You could look at this another way, how can you go to work in a place that is closed?

Insisting that staff take holidays at times when the business is closed is perfectly legal, solicitors for instance close for a week or two in August while the courts are closed and in many practices staff have to take holidays during this closure. The times when holidays are taken is at the discretion of your employer though in most cases an agreement is reached if you give enough notice of when you want time off. It's different though when the business is closed, the employer can insist you take holidays during that time. Remember OP, a lot of people complain when they are made to work those days so unless it is a business in retail/leisure sector, most of your co workers are very happy not to be working between Christmas and new year.

Whether yours is paid or unpaid depends on whether you have enough holiday days accrued since you started work there, to be entitled to be paid for that many days between Christmas and December 31st. January 2nd (Friday) will most likely be taken out of holiday leave for 2015.

Beekay

Thanks for all your input. I have only been working there since October so I'm not sure I would have made up enough days, I haven't got much experience with this thing and neither has my employer as I am his first ever employee.

ebbsy

I do 9-5 as well and we close over xmas, have done for 14 years. These days are taken as holidays.

davo10

Beekay wrote: »

Thanks for all your input. I have only been working there since October so I'm not sure I would have made up enough days, I haven't got much experience with this thing and neither has my employer as I am his first ever employee.

Beekay, if you started in the beginning of October, work 9-5, five days per week and haven't taken any holiday leave since you started, you will be entitled to be paid for 5 days off before December 31st.

blindsider

This eventuality should be covered in the Contract of Employment. If it's not, the employer is making work for themselves.

I get the impression that certain posts are suggesting that the employee is somehow in the wrong, or being unreasonable - s/he isn't. It's a legitimate question.

NERA is clear on this BTW.

Practically speaking OP, as you're only there a short while, and probably on probation, you'll have to live with it.

I'd ask again in the New YR re arrangements for next Xmas.

Frigga_92

OP, <snip> this year we are having to take 4 days out of our annual leave entitlement for 2014 to cover the Christmas holiday period and 1 day out of our annual leave entitlement for 2015 to cover the office also being closed on 2nd January 2015 (not to mention Christmas 2015 being a similar scenario).

We close on 22nd December 2014. The days coming out of our 2014 annual leave are 23rd December, 29th December, 30th December and 31st December.

At the beginning of the month the boss was talking about the office closing on 19th December which would mean having to take 5 days out of annual leave for 2014, 1 day out of annual leave for 2015, making 6 days in total from annual leave which nobody would agree to.

In any other office I've worked in <snip> the place has always closed on 23rd December <snip>

3DataModem

Beekay wrote: »

Looking for a small bit of advice.

It is my first Christmas in a full-time 9-5 job and was just looking clarify something about the christmas break.

Our manager has said that we will closed from Christmas Day until the 5th of January. And that any days that are not weekends or public holidays will be taken from our yearly holiday allowance.

Am I entitled to ask for them not be taken from my yearly holiday allowance and just not get paid for them?

Thanks

No you are not entitled to get unpaid leave. Your employer can insist on specific dates for your annual leave, as long as you get two weeks in the summer.

sKeith

26sdrawkcab wrote: »

We close on 22nd December 2014. The days coming out of our 2014 annual leave are 23rd December, 29th December, 30th December and 31st December.

We would also need to take 24th Dec as a holiday as it is a normal working day. I'm working it.

Frigga_92

sKeith wrote: »

We would also need to take 24th Dec as a holiday as it is a normal working day. I'm working it.

Any office I've worked in has always given Christmas Eve as a free day, outside of annual leave.

gazzer

26sdrawkcab wrote: »

Any office I've worked in has always given Christmas Eve as a free day, outside of annual leave.

Have they? That is pretty good. Any office I have worked in we always work on Christmas Eve until around 2pm