minimum holidays to be taken every year

xyz123

hi

there is a requirement for employees to take a minimum no of days / hours as annual leave every year.

Can some one point me to any official documentation and give more information on how much is this for?

Thanks
J

Bobl

There is a statutory requirement to give an employee the entitlement to Annual Leave but none that makes anyone actually take them.

liney

http://www.worksmart.org.uk/rights/does_my_employer_have_to_let_me

You must physically take the statutory minimum entitlement which is currently 5.6 weeks per year.

If you get more then this you may be able to negotiate "selling" them back to your employer, or carrying them over to the following year, but the employer are not obliged to co-operate, and if you do not use those in additon to the 5.6 week they can be lost.

If you refuse to take your holidays, the company can give you notice and place you on holiday themselves and their own convenience.

Bobl

liney wrote: »

You must physically take the statutory minimum entitlement which is currently 5.6 weeks per year.

This is not true.

If you take Holiday you must take it in the year it is accrued, however you do not have to take any if you decide not to, in this case it is 'use it or lose it'

xyz123

liney wrote: »

http://www.worksmart.org.uk/rights/does_my_employer_have_to_let_me

You must physically take the statutory minimum entitlement which is currently 5.6 weeks per year.

If you get more then this you may be able to negotiate "selling" them back to your employer, or carrying them over to the following year, but the employer are not obliged to co-operate, and if you do not use those in additon to the 5.6 week they can be lost.

If you refuse to take your holidays, the company can give you notice and place you on holiday themselves and their own convenience.

does anyone know if the 5.6 weeks includes the public holidays or not?

xyz123

Bobl wrote: »

This is not true.

If you take Holiday you must take it in the year it is accrued, however you do not have to take any if you decide not to, in this case it is 'use it or lose it'

According to my employers it is true as the working time directive states there is a minimum amount of annual leave that every one must take (and to be honest that has always been my understanding as well) but i cant find any official guidance to this...

My employer allows me to carry forward extra leave onto next year provided i have taken minimum required leave...

Googlewhacker

the 5.6 weeks does include bank holidays etc if the employer wishes to use them.

getmore4less

xyz123 wrote: »

does anyone know if the 5.6 weeks includes the public holidays or not?

YES it can include the bank holidays but this can be a problem for companies with holiday years that map onto April-March.

So normal minimum statutory is 28days for full time workers on 5 or more days a week.

SarEl

It entirely depends on why you are asking. The law states that you are entitled to 28 days annual leave including bank holidays, and the employer must allow you to take this leave during the leave year if yu wish to do so. THE WTD states that employees must take a minimum of 20 days (I think - I am not able to check this is figure right now, but it is in the order of 20 days) including bank holidays - in other words whilst nobody can be forced to take 28 days, the employer must ensure that they take the 20 days. An employer may allow the remaining days to be carried over (but not paid for in lieu of taking them) if they wish - but they cannot force an employee to do so.

xyz123

SarEl wrote: »

It entirely depends on why you are asking. THE WTD states that employees must take a minimum of 20 days (I think - I am not able to check this is figure right now, but it is in the order of 20 days) including bank holidays -

This is exactly what i am trying to find out. My employer is telling me i must take 148 hours plus bank holidays, while my understanding is that it should be 96 hours (12 days) plus 8 bank holidays.

Would be great if someone can find a link. I looked at directgove website for WTD but can not see anything like this.....

would really appreciate help, it would save me taking almost two weeks holidays for doing nothing but sitting at home (OH has no holidays left as she works part time:mad:)....

clairec79

When I worked in the jobcentre there was something in our contracts that stated at least 2 weeks (10 days) of annual leave must be used for 'rest and relaxation' but that the rest of it could be used to work second job etc - not sure whether that was based on a legal argument but I suspect so