Annual leave begins to build up (‘accrue’) as soon as a worker starts their job.
An employer can use a ‘leave year’ or an ‘accrual’ system to work out how much leave their staff should get.
An employer must usually tell their staff the dates of their statutory leave year as soon as they start working, eg it might run from 1 January to 31 December.
Workers must take their statutory leave during this time. If a leave year isn’t set out in a contract then it will start:
- on the 1st day of a new job (if started after 1 October 1998)
- on 1 October (if started on or before 1 October 1998)
The leave year and holiday entitlement is not affected by maternity, paternity or adoption leave. The employee still builds up (‘accrues’) holiday over these periods.
Leave entitlement when starting a new job
If a worker starts their job part-way through a leave year, they’re only entitled to part of their total annual leave for the current leave year. What they get depends on how much of the year is left.
Use the holiday entitlement calculator to work out how much leave someone has left.
An employer can use an accrual system to work out a worker’s leave during the first year of the job. Under this system, a worker gets one twelfth of their leave in each month. So by the 3rd month they’d be entitled to a quarter of of their total leave, eg 7 days out of 28 for a 5-day week.
Carrying over leave
Workers don’t have an automatic right to carry over leave they haven’t taken but in some cases they may be able to.
A worker working 5 days a week can carry over up to 8 days leave out of the 28 day entitlement to the next year if it’s in their contract.
If a worker gets more than 28 days’ leave, their employer may allow them to carry over any additional untaken leave. Check the employment contract, company handbook or intranet site to see what the rules say.
If a worker can’t take leave because they’re already on a different type of leave (eg sick leave or maternity leave), they may be able to carry over some or all of the untaken leave into the next leave year.
In sickness cases, employers don’t have to allow workers to carry over any additional statutory leave over the 4-week entitlement.