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5 Frequently Asked Questions About Holiday Pay

How much paid leave is a worker entitled to take in any year?

The Working Time Regulations 1998 (WTR) provide that all full time workers have the right to a minimum of 5.6 weeks paid annual leave (this includes public holidays) ie) 28 days per annum. The entitlement of part time workers is calculated on a pro-rata basis. 

Does a worker have a right to carry over their statutory holiday from one year to the next?

The WTR do not provide for any right to carry over. However, under EU law if the worker has been unable to take the minimum four weeks annual leave, they should be allowed to carry it forward. If for example due to sickness it has been impossible to take.  With regards to maternity leave and carry over: the employee should not be prevented from taking her leave because she has been on maternity leave. Usually it is agreed that she will take holiday before maternity leave or immediately upon return.

Can a worker take holiday again if they fall sick during a holiday?

If this will mean that the worker has not been able to take their minimum annual four weeks leave, they may be entitled to take the leave at a later date. Evidence of sickness can be sought before awarding leave.

Can an employer stipulate when a worker takes their statutory annual leave?

Yes, there may be a provision in the contract of employment that states that the holidays will be at fixed points in the year or that the employer reserves the right to direct when annual leave is taken.

How is statutory holiday pay calculated?

The WTR refers to a “week’s pay” for each week of annual leave. Case law has now established that the calculation of what is ‘normal’ must take into account overtime, commission and other payments that relate to the duties that would normally be carried out.

Posted on 8 January, 2020 by Ortolan

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