How to work out your employees' holiday entitlement
From 1 April 2009 statutory holiday entitlement has increased from 5.2 weeks to 5.6 weeks (28 days for those who work a 5 day week). From this date the minimum entitlement will be capped at 28 days.
Paid time off does not legally have to be given for public holidays, and if it is it can be included in your workers' minimum leave entitlement.
Do I comply?
If you already offer your employees at least 28 days of annual leave, you already comply. For part-time employees, holiday entitlement is calculated on a pro rata basis and cannot be replaced by a payment in lieu. Any unused holiday above four weeks (the first four weeks cannot be carried over) may only be carried over into the following leave year.
If you already meet the requirements, you need take no further action at this time.
For those working part time, regardless of what days they work, holiday entitilement should be calculated pro rata. So, if a member of staff works four days a week in a leave year beginning on or after 1 April 2009, s/he will be entitled to (4 x 5.6) 22.4 days. If s/he works three days a week, s/he will be entitled to (3 x 5.6) 16.8 days.
Holiday entitlement for employees on maternity/adoption leave
Employees on maternity/adoption leave continue to accrue statutory and any contractual holiday entitlement during both ordinary and additional maternity/adoption leave.
Statutory paid holiday cannot be taken at the same time as maternity/adoption leave. You may wish to discuss taking any outstanding holiday and perhaps delay the start of their maternity/adoption leave. Alternatively, it may be possible for them to take holiday in the period between their maternity/adoption leave finishing and the end of the leave year.
Although part days cannot be rounded down to the nearest full day, they do not need to be rounded up to the nearest full day.
Staff may want to carry over unused holiday from the current leave year to the next. This is only allowed for any entitlement above the four week minimum. Outstanding holiday above four weeks can be carried over if you and the worker agree.
You may offer payment in lieu of taking any remaining holiday at the end of a leave year. Currently, this is only allowed for contractual entitlement above the statutory four-week minimum. As a temporary measure, payment can be given in lieu of the additional days introduced on 1 October 2007 (four days for those working a five-day week).
From 1 April 2009, payment in lieu cannot be provided for anything less than 5.6 weeks (28 days for those working full time).