Useful Facts

SOME USEFUL FACTS ABOUT HOLIDAY ENTITLEMENTS

• Employees' holiday rights start on the first day of their employment. Employees do not have to wait before they build up holiday rights.
• Public holidays can still count towards employees minimum entitlement (unless a contract of employment says otherwise). What has changed is that employees minimum entitlement has increased to 28 days or 5.60 weeks from 09th April 2009.
• The new rules do not create a right to take public holidays as time off, or to pay a premium rate to employees for working on public holidays. However, most employees do actually get public holidays off because it is specified in employment contracts.
• Holiday pay must be the employees normal rate of pay, excluding most overtime payments.
• Irregular overtime does not count, but if the employment contract stipulates that an employee must work a set amount of overtime each week then this is included.
• Employers can tell employees when to take leave or can rule out holidays during certain times of the year (unless a contract of employment says otherwise.)
• Unless the employment contract says otherwise, employees should give their employer notice of their intention to take leave. This should be at least twice as long as the holiday that they want to take. For example, an employee should give at least two weeks’ notice for a one-week holiday.
• Employers must answer leave requests at least as far in advance as the length of leave requested. For example, they must answer a request for one week’s leave at least one week before the leave is due to start.
• When an employee finishes their job during the holiday year their employer must settle up on the employees holiday entitlements. For example, if the employee leaves half way through the year they you will have been entitled to half of their normal holiday entitlement. The employee should get extra pay for any holiday they have not taken, but if they have taken more than their entitlement then the employer may deduct this over-payment from their pay when they leave.
• As the result of cases brought by trade unions, it is no longer legal for an employer to ‘roll up’ holiday pay by paying a little bit extra throughout the year. Holiday pay must be paid when the holiday is actually taken.
• If you are on statutory maternity or paternity leave you are still entitled to paid annual leave as well.