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Understanding Annual Leave

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Understanding Annual Leave

Posted on 16 June 2021

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beach huts
16
Jun, 2021

Understanding Annual Leave

Posted by Helen in Holiday Pay and Entitlements

Key holiday rights

  • Part-time workers are entitled to the same level of holiday on a pro rata basis
  • If an employee leaves they get paid for any holiday they have accrued but not taken
  • An employee continues to accrue holiday leave throughout periods of sickness, maternity, paternity leave etc.
  • Zero hours contract workers are also entitled to annual leave

 

Minimum leave entitlement

Under the Working Time Regulations all workers have a right to at least 5.6 weeks of paid annual leave (28 days per year for staff working 5 days per week).  An employer can decide to offer more than this allowance.

 

Bank/ public holidays 

  • If the employer gives paid leave on a bank or public holiday, this can count towards the minimum holiday entitlement
  • If an employee works on a bank or public holiday, there is no automatic right to an enhanced pay rate, it will depend on what is stated in the contract of employment

 

When holiday can be taken 

The employer can control when holiday can be taken by approving or declining applications or by setting particular rules e.g. as to how many people may be off at any one particular time, Christmas shut down, or not permitting holidays at peak demand times

An employer can also tell the employee when they want leave to be taken.  In this instance

The employer must give advance notice at least twice as long as the leave they want their staff to take.

 

Booking time off 

There may be particular rules in place for giving advance notice of leave, but the general notice period is at least twice as long as the amount of leave an employee wants to take, plus 1 day e.g. giving 3 days’ notice for 1 day’s leave.