If an employee is on leave, and a disaster such as a volcanic eruption disrupts air travel, does this come out of the employee’s annual leave or the employer’s pocket? What happens if the employee has no annual leave left to take?

Many holidaymakers have faced just such a situation in recent times due to volcanic eruptions. Snow closing airports is also another recent example. While it is not the employee’s fault that they are delayed returning to work, it is not the employer’s fault either.

Without any agreement between the employee and employer, the employee will have to take the days they are away from work out of their annual leave. If they have no annual leave left then the employer can offer leave in advance, or leave without pay.

If the employee is on business when the disaster strikes then they remain on full pay. The employer cannot force the employee to take annual leave for the days they are stuck away from work. They may be expected to work during that time so far as possible, and are not able to regard it simply as a lucky “holiday”.

If you have any questions about leave issues then give Alan Knowsley a call for a confidential initial.