Holiday Entitlement

[Richy20]

Hi All

I was wondering if you could help with this question, this subject always confuses me for some reason!

I have an employee who has worked for me for 6 months and accrued 9 days paid holiday, they are entitled to ~19 days holiday in total I believe. Do I have to allow the employee unpaid leave up to 19 days or can I deny the request because the holiday has not been accrued despite it being unpaid. I know they are only entitled to 9 days paid holiday.
Also, this may be a very silly question, but is the holiday accrual system used in any other year apart from the first year the employee is employed and if so why is this?

Thanks all

Rich

 

[Newchodge]

Every employee is entitled to a minimum of 5.6 weeks' paid holiday, which can include bank holidays. If someone works 5 days per week, that is 28 days.

During the first year of employment only the employee accrues 1/12th of 5.6 weeks (2.3 days) on their first day at work and on the monthly anniversary of that date. So let's assume they start on 1 February 2024. On 1 February they accrue 2.3 days, by 1 January 2025 they will have accrued 28 days.

Only during that first year the employer may refuse to allow paid holiday that exceeds the amount accrued by the first day of that holiday, anything unaccrued may be unpaid.

Permanently an employee may only take holiday if the employer confirms they may do so (although the employer may not prevent, and must encourage, the employee taking their full amount of paid annual leave. If the employer allows leave it must be paid unless the employee has used up their enitre annual allowance.

The above tends to ignore employers' annual leave years.

 

[Richy20]

Every employee is entitled to a minimum of 5.6 weeks' paid holiday, which can include bank holidays. If someone works 5 days per week, that is 28 days.

During the first year of employment only the employee accrues 1/12th of 5.6 weeks (2.3 days) on their first day at work and on the monthly anniversary of that date. So let's assume they start on 1 February 2024. On 1 February they accrue 2.3 days, by 1 January 2025 they will have accrued 28 days.

Only during that first year the employer may refuse to allow paid holiday that exceeds the amount accrued by the first day of that holiday, anything unaccrued may be unpaid.

Permanently an employee may only take holiday if the employer confirms they may do so (although the employer may not prevent, and must encourage, the employee taking their full amount of paid annual leave. If the employer allows leave it must be paid unless the employee has used up their enitre annual allowance.

The above tends to ignore employers' annual leave years.

Thank you very much, very useful. What about if the employee has not accrued enough holiday in the first year, say for example, employee A has accrued 8 days holiday which will be paid but they also want another week on top of this, unpaid, am I legally obliged to allow this unpaid leave that will be deducted from their annual entitlement? I notice you said above - anything unaccrued may be unpaid. Thank you

 

[Newchodge]

Thank you very much, very useful. What about if the employee has not accrued enough holiday in the first year, say for example, employee A has accrued 8 days holiday which will be paid but they also want another week on top of this, unpaid, am I legally obliged to allow this unpaid leave that will be deducted from their annual entitlement? I notice you said above - anything unaccrued may be unpaid. Thank you

The employer always has the right to refuse leave. But, if it is granted it must be paid if the employee has sufficient leave available; the employer can choose to pay excess leave and deduct it from the annual entitlement (make sure the employment contract has a clause permitting the recovery of leave taken and not accrued). If unpaid leave is allowed it must not be deducted from the paid leave entitlement.