Holiday entitlement
We all need time away from work to recharge our batteries and forget about the usual routine for a while, so find out how much holiday you're entitled to.
"There is no legal requirement for employers to give you public and bank holidays off, or for your employer to pay you if you take them."
How much holiday leave and holiday pay should I get?
Most workers are entitled to 5.6 weeks' paid holiday per year. If you work full-time you should have a statutory right to 28 days' paid annual leave (5.6 X 5). The maximum amount of leave is up to your employer and should be set out in your contract of employment.
How about part-time workers?
If you work part-time or for an agency, you have the same entitlement, with leave calculated on a pro-rata basis – for example, if you work 2.5 days a week you're entitled to 14 days off (2.5 X 5.6)
Who doesn't qualify for statutory rights?
- Members of the armed forces, police, or civil protection services don't have statutory entitlement to paid leave - they must rely on their contracts to specify their entitlement
- Self-employed people also have no statutory right to paid annual leave
Do I get public and bank holidays off?
There is no legal requirement for employers to give you public and bank holidays off, or for your employer to pay you if you take them. Lots of jobs - like retail, security and nursing - require people to work every day including bank holidays, which must be booked as leave. Workers based in offices tend to have these days off.
The law changed in April 2009 to increase the minimum number of days you're entitled to, taking into account public holidays. This means that you are now entitled to 28 days' holiday a year if you work full-time. Your employer may choose to include public holidays as part of that entitlement or to add them on to your holiday entitlement. In England and Wales there are eight public and bank holidays, in Scotland there are nine and in Northern Ireland there are 10.
My employer is trying to cut my holiday entitlement – what can I do?
As long as you qualify for statutory holiday, your employer can't cut your leave below 28 days per year – or the equivalent for part-time workers. However, they can vary your leave entitlement in your work contract if you previously had more than the statutory minimum. It's important that any changes to your working contract are agreed between you and your employer – read the Acas advice leaflet for more information about changes to your contract.
When can I take my holiday?
When you take holiday is down to negotiation between you and your employer. However, while you're entitled to take holiday whenever you like, if they give sufficient notice (twice the length of time as the holiday) employers can refuse the request.
If you have a dispute with your employer, speak to your HR department at work or your trade union if you belong to one, or contact your local Citizens Advice Bureau (CAB).
Can I carry holiday over to the next year?
There's no statutory right to carry leave over, although you may be able to discuss this with your employer and come to an arrangement, depending on your contract and the type of leave you're entitled to.
What if I get ill during my holiday?
If you get ill enough that you'd normally be off work during your holiday you can take this time as sick leave rather than holiday. It's a good idea to get a doctor's note to prove your case and always call your employer to inform them you're ill. You can still take your holiday at a different time agreed between you and your employer.
What happens to holiday entitlement during maternity and paternity leave?
During maternity and paternity leave, annual leave builds up as if you were still at work. The rules can get complicated, so speak to your employer, union or local CAB for more information.
Photo by volunteer photographer Hannah Belcher
Jargon Buster
- Statutory right:
- Something that's been agreed and authorised formally by a legislative body.
- Bank holidays:
- Public holidays when banks and other businesses are traditionally shut.
What next?
- Get a copy of your work contract and speak to your line manager/HR department to clarify how much holiday leave you're entitled to per year.
- Use Business Link's tool to calculate your holiday entitlement – it's aimed at employers but is available for anyone to use and calculate their allowance. It's particularly useful if you've started a job part-way through the year.
- Read Acas's advice leaflet on holidays and holiday pay, which you can download free from its website.
- Call the Acas helpline on 08457 474747 to talk to an advisor about specific problems you're having regarding holiday leave.
- For more detailed information about your rights to holiday leave, check out the information on Advice Guide for England, Northern Ireland, Scotland and Wales.
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