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Saturday, 22 November 2008

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Employment

Holiday entitlements: how much do you get?

How much holiday you get is normally set out in your contract of employment. You may have to build up your holiday before you can take it.

The minimum holiday entitlement increased in October 2007. If your holiday year (sometimes called a leave year) started on or after 1 October 2007 the legal minimum is 4.8 weeks a year (24 days if you work a five day week); there is no statutory right to get bank holidays on top of this. If you have a holiday year that does not start in October you will be entitled to a proportion of the additional days.

Your employer may give you more than the minimum 4.8 weeks leave as part of your terms of employment. You can check how much leave you are allowed by referring to your contract or company handbook.

You have no right to additional holiday, even if it's unpaid, unless your contract provides for it. Your employer can set their own rules on any holidays they give over and above the legal minimum. Your employer is not allowed to give you less than the legal minimum.

Part-time and agency workers

If you're a part-time worker, you're still entitled to 4.8 weeks holiday – 4.8 of your normal working weeks. For example, if you work two days a week you have the right to a minimum of 9.6 days' holiday (that is, 4.8 two-day weeks).

A part time worker should be treated no less favourably than an equivalent full-timer. This means that an employer who gives extra days off to full timers may have to give extra time off to part time workers as well.

If you're an agency worker, your agency must allow you to take your paid holidays.

How to treat part days

You new entitlement may include part days (for example 9.6 days for someone working 2 days a week). You need to ask your employer how they want you to treat these part days. They do not need to be rounded up to the nearest full day but an employer can choose to do so if they wish. Alternatively your employer might suggest you take a full day’s leave and just get paid for the part day you are owed; the part day could be taken off a day’s shift, so you leave early or come in late; or the part day could be carried over to your next holiday year.

A further increase

The holiday entitlement will increase again to 5.6 weeks (28 days if you work a five day week) from 1 April 2009.

28 day cap

The new entitlements will be limited to a maximum of 28 days. So although they are referred to in weeks (4.8 then 5.6), if you work a 6 day week your minimum entitlement will be 28 days from 1 October 2007 and will not increase again in April 2009. Many employers offered more than the statutory entitlement before the increase and continue to do so.

Accruals and holiday years

Holiday years

You must take 4 weeks of your holiday entitlement in your holiday year. It is up to your employer whether or not you can carry over anything on top of this (including the new extra days) in to the next holiday year.

You may have an agreement with your employer about when your holiday year starts (for example 1st January to 31st December for everyone in the organisation). If you do not have an agreement then your year will start:

on 1 October 1998 (if you started work before then)
on the date you started work (if you started work after the 1 October 1998)

Accruals

Some employers run an 'accrual' system, where holiday entitlement is built up over the first year of employment. This means that for every month you work, you become entitled to one twelfth of your annual entitlement. So, after six months, you are entitled to a half of your annual entitlement.

Accrual normally continues during statutory absences like maternity leave.

Carrying over holidays

If you don't take all of your holiday entitlement in your holiday year, your employer may allow you to carry over the left over days to the next holiday year. You must take at least 4 weeks’ holiday, so only holiday on top of this (including the new extra days) can be carried over, and then only if your employer says you can. You do not have a right to carry leave over.

Payment in lieu for holiday or “buying out”

Some employers may offer to pay for any holiday over the statutory minimum that has not been taken in the holiday year. Until 1 April 2009 you must take 4 weeks’ holiday but can be paid in lieu for the new additional 0.8 week’s holiday (4 days if you work five days a week). From 1 April 2009 when the minimum entitlement rises to 5.6 weeks (28 days if you work full time) you won't be able to exchange the untaken leave for payment.

If you have problems

Holiday is a legal right which your employer is obliged to give you. If you have problems then read the information on your basic holiday rights.

Find out about your basic holiday rights

Where to get help

The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on all employment rights issues. You can call the Acas helpline on 08457 47 47 47 from 8.00 am to 6.00 pm Monday to Friday.

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The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland. You can contact the LRA on 028 9032 1442 from 9.00 am to 5.00 pm Monday to Friday.

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Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.

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If you are a member of a trade union, you can get help, advice and support from them.