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Useful Facts
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.
Employees are entitled to a minimum of 5.6 weeks paid annual leave - equating to 28 days for an employee working five days a week. Part-time employees are entitled to the same level of holiday pro-rata (5.6 times the employee's normal working week e.g. 22.4 days for an employee working a four day week).
Employees do not have an automatic right to paid leave on bank and public holidays, though many people receive the day off work. Any right to time off or extra pay for working on a bank holiday depends on the terms stated in the employee's contract of employment.
Holiday pay must be the employee's 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 control when employees take their leave or can rule out holidays during certain times of the year (unless a contract of employment states otherwise.)
Unless the employment contract statess 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.
Should an employee leave employment during the holiday year, their employer must settle up on the employee's holiday entitlements. An employee has the right to be paid for any untaken statutory holiday entitlement that they have accrued.
As a 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.
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