Employees holiday entitlements

The festive period is a time when many are looking to book some time off to recharge their batteries before the new year.

Understanding employee holiday entitlements is key, as failing to allow people to take leave to which they are entitled can result in penalties and poor satisfaction.

What are the entitlements for full-time and part-time/irregular workers?

Most employees are classed as workers, defined as those who are contracted to and paid by you. Workers are entitled to 5.6 weeks of paid holiday a year.

Most workers who work a 5-day week have a statutory 28 days paid annual leave a year, the equivalent of 5.6 weeks holiday – though many employers now offer more.

It is also worth noting that an employer can include bank holidays as part of statutory annual leave.

Part-time and irregular workers

Part-time employees are given leave pro rata to the number of days that they work. For example, if someone works three days a week, they are entitled to 3 x 5.6 days, which equals 16.8 days.

Those working irregular hours are entitled to up to 5.6 weeks of statutory annual leave.

If somebody is working part of the year, they will accrue leave depending on the hours they’ve already worked, rather than a set number of days or hours off.

Refusing leave

Employers can restrict when leave can be taken, which may be necessary during busy periods.

However,  you must give the employee at least the same notice as the time they wish to take off, otherwise, they will be entitled to take the leave and be paid for it.

Employees must be allowed to take all of their allocated leave, if not, it can result in disgruntled employees or, if allowed to escalate, an employment tribunal.

For advice on your employees’ holiday entitlement, please contact us.

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