Annual leave entitlement should be agreed before the employee starts working and should have written details in the employee’s employment contract. The employment contract by law should be given to the employee no longer than two months from the start date.
- •If workers leave they would still be entitled to any holiday leave the are due
- •Part time employees are entitled to the same amount of holiday but pro rata
- •Most employees are entitled to 5.6 weeks paid per year this is also known as statutory entitlement there is no legal rights to paid public holidays
- •Employers can also set specific times when employees can take holiday such as if the company is closed over Christmas
The majority of employees are entitled to 5.6 weeks holiday. Additional leave can be agreed. A week’s holiday should allow for an employee to be away from the office for a week. I.e. it should be the same amount of time as if they worked. If an employee works a 5 day week they will be entitled to 28 days leave. However if an employee works a 6 day week the statutory requirement is levelled at 28 days. If an employee works a 3 day week they will be entitled to 16.8 days holiday.
There is no legal right to pay employees for public holidays as it can be included as part of the 5.6 weeks of holiday.
Carrying leave over
Employees must take at their statutory four weeks’ worth of holiday; some employers may be allowed to carry over any remaining holiday but there is not an automatic right to carry leave over this will be in your employment contract and your company hand book.