2020 No. 365
The Working Time (Coronavirus) (Amendment) Regulations 2020
Made
Laid before Parliament
Coming into force in accordance with regulation 1
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 19721 in relation to measures relating to the organisation of working time2.
The Secretary of State, in exercise of the powers conferred by section 2(2) of that Act, makes the following Regulations.
Citation and commencement1
These Regulations may be cited as the Working Time (Coronavirus) (Amendment) Regulations 2020 and come into force immediately after they are made.
Amendment to the Working Time Regulations 1998
2
The Working Time Regulations 19983 are amended as follows.
3
In regulation 13—
a
at the beginning of paragraph (9)(a) insert “subject to the exception in paragraphs (10) and (11),”;
b
after paragraph (9) insert—
10
Where in any leave year it was not reasonably practicable for a worker to take some or all of the leave to which the worker was entitled under this regulation as a result of the effects of coronavirus (including on the worker, the employer or the wider economy or society), the worker shall be entitled to carry forward such untaken leave as provided for in paragraph (11).
11
Leave to which paragraph (10) applies may be carried forward and taken in the two leave years immediately following the leave year in respect of which it was due.
12
An employer may only require a worker not to take leave to which paragraph (10) applies on particular days as provided for in regulation 15(2) where the employer has good reason to do so.
13
For the purpose of this regulation “coronavirus” means severe acute respiratory syndrome corona-virus 2 (SARS-CoV-2).
4
In regulation 14—
a
in paragraph (1) for the introductory text substitute “Paragraphs (1) to (4) of this regulation apply where—”;
b
after paragraph (4) insert—
5
Where a worker’s employment is terminated and on the termination date the worker remains entitled to leave in respect of any previous leave year which carried forward under regulation 13(10) and (11), the employer shall make the worker a payment in lieu of leave equal to the sum due under regulation 16 for the period of untaken leave.
5
In regulation 15(2)(b) after “leave” insert “(subject, where it applies, to the requirement in regulation 13(12))”.
(This note is not part of the Regulations)