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Compassionate leave - are there any rules or guidelines??

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  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    I hope both you and your employer are aware that the legal minimum annual leave (5.6 weeks) MUST be taken each year, that time cannot be carried over to another year. Only leave allowance above the minimum can be carried over. Even if the 25 days is 2 years' carry over your employer would have to have a pretty generous leave allowance for that to be legal.
  • LittleVoice
    LittleVoice Posts: 8,974 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    agrinnall wrote: »
    I hope both you and your employer are aware that the legal minimum annual leave (5.6 weeks) MUST be taken each year, that time cannot be carried over to another year. Only leave allowance above the minimum can be carried over. Even if the 25 days is 2 years' carry over your employer would have to have a pretty generous leave allowance for that to be legal.

    Actually it is just 4.0 weeks of the 5.6 weeks which, according to the legislation, cannot be carried over to the next year. This arises from the way in which the entitlement was increased in stages over time.

    Then again, it is an entitlement. Whilst the employer cannot insist that the holiday is not taken in the year to which is relates, there is no law which says that either are acting illegally if the holiday is not taken. By the same token, the holiday can either be taken over or the employer could grant extra holiday in the following year. As long as there is agreement to the carry over/extra entitlement, the employer is hardly going to say they will give up the holiday entirely.
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