Do you know your statutory holiday entitlement? Taking annual leave from your job is not only a “nice to have”, it’s a legal right. As soon as you’re employed you start to build up your holiday entitlement. But what is the legal minimum your employer needs to provide and what are the rules surrounding it?
Working out your holiday entitlement
In the UK, every worker is legally entitled to 5.6 weeks of holiday. This means for someone working full time that they are allowed to take 28 days off every calendar year. If you’re working part time, you still get 5.6 weeks off, but at reduced hours. For example: someone working 3 days per week is entitled to 16.8 days off per year (5.6 weeks x 3 days = 16.8 days off). This is also called pro-rata.
Some employers offer more holidays but offering less than 5.6 weeks is illegal.
If you’re self-employed (i.e. you’re running your own business), you have no right to paid holidays. Make sure you check your employment status.
Rules surrounding holiday entitlement
- Public holidays do not have to be given as extra holidays. An employer can rule that public holidays are taken as part of your annual holiday entitlement.
- Your employer can control when you take your holiday. For instance, if the company closes over Christmas/New Year or over certain weeks in the summer or that you can only take your holiday during certain months of the year. The latter is often the case in seasonal businesses. Employers can also determine the maximum number of days you can take off at any one time.
- You get your normal pay during your holiday. If your normal pay includes commissions, then you are also entitled to commissions while you’re on holiday.
- If you’re on maternity, paternity or adoption leave you accrue holidays. This is also the case if you’re on sick leave.
- Should you not take all your annual leave within the year, you may be entitled to carry over a certain proportion to the next year. 4 weeks of the entitlement have to be taken in the current year. If you’re working full time and receive 28 days holiday, you may be able to carry over up to 8 days.
If you have unusual requirements that go beyond what we have discussed above, please get in touch. Here at Alba we can help you calculate any holiday entitlements no matter what the circumstances.
You can contact us by email admin@alba.uk.com or call us on 01509 853779.
Please share this blog post on social media if you have found it useful. Thank you!