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If you want to take holiday

You must give your employer advance notice that you want to take holiday. This notice should be at least twice as long as the amount of holiday you want to take (for example, you should give two week's notice for one week's holiday).

Your employer can refuse permission for your holiday as long as they give you notice which is at least as long as the holiday requested (so to refuse a request for a week's leave, they would have to tell you a week in advance).

Your contract may set out other rules about when you can take your holiday. This is allowed so long as the rules don't effectively prevent you from taking holiday at all.

If your employer wants you to take holiday

Your employer can decide when some or all of your holidays must be taken. For instance, they may require you to take some of your holiday to cover the bank holidays, or may require the whole company to take holiday during a Christmas shutdown.

This may be in your contract of employment, or it may be normal practice built up over time. An employer has to give the same amount of notice as you do.

How to treat part days

Your annual holiday entitlement may include part days (for example 9.6 days for someone working two days a week). You need to ask your employer how they want you to treat these part days. They cannot be rounded down but do not need to be rounded up to the nearest full day, but an employer can choose to do so if they wish.  Alternatively your employer might suggest you take a full day’s leave and just get paid for the part day you are owed; the part day could be taken off a day’s shift, so you leave early or come in late; or the part day could be carried over to your next holiday year.

How holiday pay is calculated

You are entitled to be paid during your statutory annual leave and contractual annual leave. Your holiday pay will be your normal weekly wage (excluding non-guaranteed overtime). If your pay varies from week to week, your holiday pay should be your average weekly wage over the previous 12 weeks.

Rolled-up holiday pay

Following a European Court of Justice ruling in March 2006, holiday pay should be paid for the time when you actually take your holiday. Your employer cannot include an amount for holiday pay in your hourly rate (called 'rolled-up holiday pay'). If your current contract still includes rolled-up pay you and your employer should renegotiate it.

• Changes to employment conditions: introduction

Sickness

If you become ill during your holiday, there is no automatic right to convert your holiday to sick leave, although your employer may take a sympathetic approach (and you will have to provide medical certificates as required).

If you are on long-term sick leave, you cannot claim holiday pay at the same time.

Due to court proceedings, it is currently unclear what impact long-term sick leave has on your entitlement to annual leave. If you need further guidance on this subject contact Acas for advice.

• Acas (Advisory, Conciliation and Arbitration Service)

When you leave your job

When you leave a job - for whatever reason - you can take the statutory holiday entitlement that you have accrued up to the time you leave during your notice period, as long as you give the right notice and your employer agrees.

You also have the right to be paid for any untaken statutory holiday entitlement that you have accrued.

If you have taken more leave than your accrued entitlement, your employer shouldn't take money from your final pay unless it's been agreed beforehand.  Check your contract to see if there's any such agreement.

If you have been off sick for the whole of the holiday year, there is no legal right to receive any holiday pay when you leave.

• More on deductions from pay
• Contracts of employment - find out more
• Find out about giving notice

If you have problems

Holiday is a legal right which your employer is obliged to give you. If you have problems then read the information on your basic holiday rights.

• Find out about your basic holiday rights

For more information on where to get help with employment issues visit the employment contacts page or find out more about trade unions.

• Employment contacts
• Introduction to trade unions

More useful links

• Calculate your new minimum holiday entitlement Opens new window
• Read an Acas leaflet on holidays and holiday pay Opens new window
• Advice for your employer on holiday entitlements from Business Link Opens new window
• For employers in Northern Ireland advice on holiday entitlements from nibusinessinfo Opens new window