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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 holiday pay is calculated

If your pay varies from week to week, your holiday pay should be your average weekly wage over the previous 12 weeks. Otherwise, you should be paid your normal weekly wage (excluding non-guaranteed overtime).

Rolled-up holiday pay

Holiday pay should be paid for the time when you actually take your holiday. Your employer cannot just include an amount for holiday pay in your hourly rate (called 'rolled-up holiday pay'). If your current contract includes rolled-up pay you and your employer should renegotiate so that your holiday pay is made at the time when you take your holiday.

• More about changes to contracts
• More about paid annual leave from the Department for Business, Enterprise and Regulatory Reform (opens new window)
• More about paid annual leave from the Department for Employment and Learning in Northern Ireland (DELNI) (opens new window)

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.

• Find out more about sick pay

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

Where to get help

The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on all employment rights issues. You can call the Acas helpline on 08457 47 47 47 from 8.00 am to 6.00 pm Monday to Friday.

• Acas (opens new window)

The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland. You can contact the LRA on 028 9032 1442 from 9.00 am to 5.00 pm Monday to Friday.

• Labour Relations Agency (opens new window)

Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.

• Find your local Citizens Advice Bureau (opens new window)

If you are a member of a trade union, you can get help, advice and support from them.

• Introduction to trade unions

More useful links

• Frequently asked questions on the increased holiday entitlement (opens new window)
• Calculate your new minimum holiday entitlement (opens new window)
• Detailed guidance on holiday rights from the Department for Business, Enterprise and Regulatory Reform (opens new window)
• Detailed guidance on holiday rights from the Department for Employment and Learning in Northern Ireland (DELNI) (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)