holiday entitlement - does it roll over?

[gtechrob]

anyone know if an employee has to take all holiday entitlement within the calender year or if they are allowed to carry over into the next calender year?

 

[Surge Computers]

anyone know if an employee has to take all holiday entitlement within the calender year or if they are allowed to carry over into the next calender year?

I'm pretty sure it varies from job to job. Some local businesses may let it roll over into the next year but i'm sure larger organisations wouldn't.

 

[Ashley_Price]

It depends on what is written into their contract of employment. Our staff have to take their holiday entitlement within a calendar year (although ours runs from April to March).

I think you will find very few firms that will allow it to be rolled over, because otherwise you could have a member of staff off for a significant length of time.

 

[gtechrob]

and if they leave, can they claim for the untaken holidays from previous years?

 

[Ashley_Price]

No, if they have to use all their holiday entitlement in one year and they didn't then they have lost it, they cannot claim it back.

If they have a roll-over facility then the best bet would be seek legal advice as this could be a grey area.

 

[RevaxMedia]

Personally I think no. It has to be within that set period.

 

[deniser]

Some contracts allow some roll over but only up to say a week to save people accumulating it and then going away for three months.

 

[Employment Law Clinic]

anyone know if an employee has to take all holiday entitlement within the calender year or if they are allowed to carry over into the next calender year?

Workers are legally entitled to at least 28 days a year.

20 days of that cannot be carried over, it must be taken in the leave year - see regulation 13(9) of the Working Time Regulations. (There have been amendments to the regulation, but paragraph 9 still stands as was.)

The 8 extra days that are provided by regulation 13A of the WTRs allow these 8 days to be carried forward into the following year if a relevant agreement provides for this.


Anyone leaving can claim for unused holiday pay for the year in question; entitlement to claim for the previous year would need an agreement for some leave to be carried forward.



Karl Limpert

 

[deniser]

Workers are legally entitled to at least 28 days a year.



Karl Limpert

But that includes bank holidays does it not so if that business doesn't open on bank holidays then I assume they are deemed to have been taken?

 

[RedEvo]

This should help.

d

 

[gtechrob]

many thanks all

 

[kjmcculloch]

I'm not an employer, but when I worked for the local authority their holiday year run from Jan to Dec. If you had holidays left you could carry them over to January, but if you didn't use them by the end of the month you would lose them (unless there was a good reason like a lack of cover to allow you to take them and agreement with your line manager)

Kris