It’s the start of summer and that means, peak holiday season has arrived! At this time of year, practices are usually filled with excited chatter about trips to sunny destinations. Given the stress and restrictions of the past two years, these trips are more meaningful than ever.

Alas, 2022 has brought a sting in its tail in the form of flight cancellations and airport chaos for many. Travel commentators predict that these problems will persist for some time yet, so some practice employees will inevitably be affected. As a manager, what should you do if a staff member makes a last-minute request to change the dates of their booked holidays because flight plans have gone awry? And how might you react if someone due to return to work says they are stranded abroad instead? This blog will guide you through various considerations – including legal, ethical, practical, and patient safety – and help you to make plans and choices.

The legalities around annual leave

Most practice managers are already aware of legal holiday basics, but here they are for starters…

All employees are entitled to 5.6 weeks of paid annual leave (that’s 28 days usually for a full-time person, and it can include bank holidays) plus any extra entitlement that’s listed in their contract. Employees request to book holiday time using whatever process the employer stipulates. Dates must be agreed by the employer before they are considered ‘booked’.

Strictly speaking, under the Working Time Regulations, an employee is required to give a level of notice that is twice the length of the holiday requested (for example, a five-day holiday should be requested at least ten full days in advance), though it is at the employer’s discretion to accept less if they wish. Occasionally, employment contracts will specify different notice periods for holiday requests, such as two months’ notice for any holiday request of over three weeks in length, but as always, a manager can agree to accept less notice than that depending on the circumstances.

If an employee makes a valid holiday request and the manager wants to decline or cancel it, that manager must give the employee notice that is at least the length of the period of leave requested (so the five-day holiday mentioned above could be declined or cancelled if at least five full days’ notice were given). There’s no set restriction on the reasons for which an employer might refuse someone’s holiday request. However, a refusal that is discriminatory, vindictive, obviously unfair, or that prevents someone from utilising their legal/contractual entitlement would understandably create legal risk.

There’s no specific process listed in the legislation for what happens if an employee wants to change the dates they’ve requested for holiday, but logically the same notice periods should probably apply – notice of twice the length of holiday requested to amend the dates, and notice of at least the length of holiday requested to decline that amendment request if needed.

If you’re finding all of this a bit hard to read so far, don’t worry, that’s the worst of the legal stuff over with. Now to look at matters in a more practical way…

Last-minute requests to change holiday dates because of flight problems

Imagine that one of your team was booked to be off work for two weeks. The day before they were due to hand over, they discover that their flight has been cancelled, and the only possible option is to fly a week later. So, they ask you to push back their whole fortnight’s holiday request by a week. What do you do?

Legally, you’re under no obligation to agree to the request. The Working Time Regulations give no statutory entitlement to overseas travel, and I doubt your employment contracts do either! As a practice manager, patient safety remains your priority. You cannot agree to planned holiday absences which would create a chronic and unresolvable staffing situation.

But look at it from the employee’s perspective. Think of the stress they’re going through, the money they might lose, the relaxation and fun they might not get. Humanity and common sense dictate that you should offer flexibility if at all possible. Can the changed dates be accommodated? Are any colleagues willing and able to alter their own holiday dates to help out? Can cover via agency or overtime be arranged (and afforded)?

Employees stranded abroad due to cancelled flights

This is perhaps an even worse nightmare. Imagine you walk in on Monday morning to see an email sent by an employee due to return that day, telling you that they’re still abroad and can’t get back for another three days. Once you’ve sworn (discreetly) at the computer a few times, what do you do next? And under what category should their continuing absence be classed?

Again, the employee has no automatic legal right to continue receiving holiday pay for the additional absence unless the employer agrees it. But in practical terms, you can’t insist they turn up at the practice for work that day. It’s just not possible.

The answer in this situation is to discuss and agree matters with the employee. (And you are perfectly entitled to some communication and cooperation with them on this matter, assuming they have email access abroad!) In some circumstances, it might be possible for the employee to carry out work remotely, but be aware that they’re unlikely to have access to a comfortable workstation whilst in a hotel room or holiday apartment. There may also be data protection and security considerations to think about in these circumstances. Take professional advice as needed.

Another option, as hinted already, is to agree an extension to their holiday and take this time from their remaining entitlement. Hopefully they get the opportunity to enjoy it!

The third option is unpaid leave. You must tell them if you intend to do this, and it’s best if you get the employee’s agreement in writing.

Don’t be tempted to list the time as sick leave. The employee isn’t sick and, as such, isn’t entitled to sick pay. Listing an absence like this as sickness could cause complications in any later absence management process.

What happens if the employee is uncooperative, or you suspect they’re not being truthful about the situation?

If the employee is being unreasonably obstructive in their communication with you, or if you have reason (not just a hunch!) to believe that they’re not being truthful, then you should investigate and follow your disciplinary policy as you would for any other form of misconduct. Do allow some latitude for anxiety and practical difficulties the employee may be experiencing, though, such as poor internet access. A little bit of patience may go a long way in unusual situations like this.

The longer-term perspective

The situations described in this blog are stressful for all concerned, no doubt. But it’s useful to take a step back and remember that they are short-term issues limited to (hopefully) a small number of staff. If you managed through a pandemic, you can definitely handle this. Honest.

It’s natural that an employer’s response and dealings with an employee when they’re experiencing a particularly difficult time will have a longer-term impact on the employment relationship. Disgruntlement over a missed trip abroad can last a very long time. Likewise, the memory of a practice manager acting compassionately and doing their best in challenging circumstances can strengthen loyalties within a team.

If you have the bad luck to be dealing with a sudden holiday-related emergency, you have to make quick decisions based on your best judgement at the time. But it’s also worth taking a moment to consider, how would I like my staff member, and the rest of my team, to remember this moment in the future?

Support and advice

Remember, if you subscribe to Practice Index PLUS, you have access to an email helpline that puts you in touch with HR and employment law specialists who can answer your queries about holidays and many other matters.

Author – Susi O’Brien, HR & Employment Law Consultant