From 1 April 2009 all employees are entitled to 28 days (5.6 weeks or pro rata) holidays per year. Bank holidays can be counted towards this entitlement so any employers who currently allow employees paid time off on bank holidays in addition to a minimum of 20 days annual leave will already comply with the new rules. Employers who do not give automatic time off on bank holidays and only give 20 days holiday per year (pro rata for part timers) must increase employees’ holiday entitlements with effect from April this year to ensure compliance with the new law.
Employers that require their employees to work on all/some bank holidays simply need to ensure that their employees receive a total of 28 days (or pro rata for part timers) holiday each year.
An employer is not entitled to make a payment in lieu of any of the minimum 28 days (or pro rata) holiday, however, if you have an agreement in place, you may allow for up to 8 days to be carried forward into the next leave year.
Unless your holiday year starts on 1 April each year, the new statutory holiday entitlements will come into force part way through your holiday year.
If you would like to find out how to calculate your employees’ holiday entitlement during the next 12 months or so or would like to know how to calculate part time employees’ holiday entitlement, please see below:
Holiday Entitlement Table
Year Start Entitlement (Weeks)
May-08 4.87 Nov-08 5.26
Jun-08 4.93 Dec-08 5.33
Jul-08 5.00 Jan-09 5.40
Aug-08 5.07 Feb-09 5.47
Sep-08 5.13 Mar-09 5.53
Oct-08 5.20 Ap-09 + 5.60
To calculate pro rata holiday entitlement for part time employees
(Using table above)
Example 1 – Employee works 24 hours per week with the holiday year starting on 1 July
Holiday year 2008/9 = 24 hrs x 5.0 wks = 120 hours minimum
Holiday year 2009/10 = 24 hrs x 5.6 wks = 134.4 hours minimum
Example 2 – Employee works 18 hours per week with the holiday year starting on 1 September
Holiday year 2008/9 = 18 hrs x 5.13 wks = 92.3 hours minimum
Holiday year 2009/10 = 18 hrs x 5.6 wks = 100.8 hours minimum