Annual Leave Entitlement

The law tells us the minimum annual leave we must give to those we employ. Since 1 April 2009, employers must give their employees 5.6 weeks paid holiday each year. The holiday entitlement is pro-rata for part-time staff. For instance if an employee works 22 hours a week then they will be entitled to 22 (number of hours worked) x 5.6 (weeks they are legally entitled to) so they would get 5.6 weeks or 123.2 hours Annual Leave each year.

Employers can set times when their PAs will take their leave for example when they are on holiday themselves or at times when they do not need the services of their PA.

Once an employee starts work, details of holiday pay and holiday entitlement should be included in the employee’s written contract where there is one, or their written statement of employment. The written statement of employment is required by law and must be given to the employee no later than 2 months after the start of their employment.

Public holidays include bank holidays, common law holidays and holidays by royal announcement. If Christmas and New Year public holidays fall at a weekend, other week days are declared public holidays. Paid time off does not legally have to be given for public holidays, and if it is it can be included in the Annual Leave entitlement.

For more information, go to the Business Link website.

The employer can start the holiday year at any time. It could be the day that your employee starts or you could have a fixed annual leave year. The Business Link website has an interactive tool to help calculate the Annual leave which you are entitled to. Go to the Statutory Leave Calculator on the Business Link website click.

Employers and employees can agree how and when to give notice of when leave is to be taken. If there is no agreement in place, the notice period should be at least twice as long as the leave to be taken.

If a worker leaves, they have the right to be paid for any leave time owed but not taken and the employer has the right to deduct pay for any leave taken which the employer had not accrued.

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