Posted: Tuesday May 29 2018
By: Banner Jones
The weather is finally getting warmer and it looks like summer has almost arrived. There is a buzz around the office as people are getting ready to jet off on their holidays. For business owners, covering holidays can be difficult and place short term pressure on the business, but employees and workers are entitled to take annual leave. Denying employees or workers their right to paid holiday can result in expensive claims for back dated holiday pay for the duration of the employment.
Holiday Entitlement Key Facts.
1. All employees and workers are entitled to a minimum of 5.6 weeks paid leave each year. This equates to 28 days for those who work 5 days each week. Part time staff are entitled to 5.6 weeks of paid holiday based on the number of days they work each week.
2. The 5.6 weeks holiday entitlement is inclusive of public / bank holidays.
3. Holiday entitlement starts to accrue from day 1 of employment.
4. A week’s pay is calculated based on a normal week’s wage. For staff who have casual or irregular working patterns a week’s pay should be calculated based on the average pay of the 12 weeks prior to the holiday, this is inclusive of any regular overtime or pay enhancements they receive.
5. There is no entitlement to carry unused holiday forward unless the contract or company policy allows for this. The exception to this is if the employee has been prevented from taking holiday due to sickness or maternity.
6. Unless the contract stipulates differently, when requesting leave, staff must give twice as much notice as the required leave. An employer can refuse the request but must give the same amount of notice as the amount of leave requested.
7. Payment for accrued, untaken holiday should only be made when employment has been terminated.