COVID-19 – Requiring employees to take holiday across jurisdictions

From our webinar on 31 March, we have summarised the position on holiday at present across a number of jurisdictions. This is a high-level summary of the positions so please do come back to us with any detailed questions.

Belgium

• An employer cannot oblige its employees to take-up vacation days

France

• Holidays requested before the crisis can be maintained
• An employer can request the use of up to 10 days RTT/ CET days
• Changes in relation to holidays would require a collective agreement (which is clearly difficult at the moment)

Germany

• An employer cannot oblige its employees to take-up vacation days

Italy

• Employees can take holiday for childcare purposes
• The use of accrued holidays is encouraged and can be imposed by employers

Netherlands

• Although an employer cannot oblige its employees to take-up vacation days, many employers are asking staff to take (part of) their holidays during designated periods in light of the exceptional circumstances due to COVID-19

Spain

• An employer cannot oblige its employees to take-up vacation days. However, agreement with the Workers’ representatives will be valid under the framework of Covid19 regulations (RDL 10/2020).

UK

• The government has introduced a temporary new law to deal with Coronavirus disruption.
• Employees and workers can carry over up to 4 weeks’ paid holiday over a 2-year period, if they cannot take holiday due to Coronavirus.
• FAQs concerning holiday entitlement