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All workers are entitled to receive at least 5.6 weeks paid holiday per annum (which may include bank holidays), to be paid at the normal rate, although your contract may allow for more. You should not lose out on money just because you are taking a holiday. You should be allowed to take this holiday and employers are generally not allowed to pay you for untaken holidays at the end of the year.
Carrying over Holidays
In some circumstances you will be allowed to carry your holiday into the next annual leave year (usually if you have been off work through ill health or maternity leave for a long period of time). However, it is not an automatic entitlement. Most employers will encourage you to take your full entitlement each year.
The only time you can receive payment for holidays you have earned but not taken is when you leave your employment. If you leave your job having taken more holidays than you had earned, your employer can make a deduction. These payments or deductions are usually resolved in your final salary payment.
Even if you are made redundant, dismissed or you resign, you are still entitled to receive payment for holidays you have earned but not taken. These will be paid at your normal holiday rate. If you leave employment having taken more holidays than you had earned, your employer can make a deduction. These payments or deductions are usually resolved in your final salary payment.
If you are off work through ill health, then you will continue to accrue your holidays in the usual way. If you are off work for a long period of time, or towards the end of the holiday year, then you may be able to carry your annual leave into the next holiday year with your employer’s agreement.
Some employers may allow an employee to take annual leave on days when they are ill. However, there is no automatic right to this. If you have been, or are expected to be off work for an extended period of time, you can request that you take your holidays during your period of sickness. This would typically happen if you were being paid Statutory Sick Pay and this was below your usual level of remuneration.
Throughout the period of maternity leave an employee has the right to continue to accrue annual leave. The way in which the time will accrue will depend upon the terms and conditions of employment, and the date of which the employee’s baby was born or was expected to be born.
An employee cannot be on maternity leave and on annual leave at the same time. Normally an employee would arrange with their employer to take their annual leave either before or after the maternity period.
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