Know your rights Taking holiday while on furlough and help with childcare By Terry Brandon, BALPA National Officer QDo I have to go to work if my children cannot go to school or childcare is not available because of COVID-19? If you need to stay at home to look after your children, you are legally entitled to unpaid dependant leave. However, many BALPA members will be entitled to paid dependant leave because of agreements our Company Councils have negotiated with their airline. Our advice is to explain your situation to your employer, and we would expect your employer to be reasonable in accommodating your circumstances. Currently, with reduced flying programmes, it would be unreasonable right now for any airline not to support a request. QCan furloughed workers take a holiday? The government’s advice is that workers on furlough can take holiday without disrupting their furlough. The notice requirements for an employer requiring a worker to take leave or to refuse a request for leave continue to apply. Employers should engage with their workforce and explain reasons for wanting them to take leave before requiring them to do so. If an employer requires a worker to take holiday while on furlough, the employer should consider whether any restrictions the worker is under – such as the need to socially distance or self-isolate – would prevent them from resting, relaxing and enjoying leisure time, which is the fundamental purpose of holiday. Holiday pay, whether the worker is on furlough or not, should be calculated in line with current legislation – see the standard guidance, based on a worker’s usual earnings. The underlying principle is that a worker should not be financially worse off through taking leave. Thank you to all our reps Our industry has had to face more challenges than possibly any other profession or sector. Many employers looking to achieve a ‘land grab’ by introducing permanent measures to a temporary problem have quickly faced a robust challenge from our Company Councils. The threat of redundancy has never been more perilous for our members. At the time of writing this article, countries are again assessing their borders and quarantine arrangements, and at least one airline is simply ‘hibernating’ to see it through the remainder of this year. BALPA reps have received updates and regular briefings from their National Officers to assist in understanding the issues, employment rights and employer obligations pertaining to redundancy. The pandemic is no excuse to not challenge employers. Every employer-led proposal should be tested to ensure that protective clauses are included. Examples of issues on which our Company Councils have insisted include part- time working, enhanced redundancy payments, temporary pay reductions and, if required, ring-fenced hold pools for those the employer does make redundant. Clearly, we are not out of the woods yet, but it has been inspiring to see the BALPA community respond in solidarity with one another. If you have a question you’d like to put to Terry or any of our other BALPA experts, email TheLog@balpa.org INDUSTRIAL ISSUES