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Coronavirus: Holiday entitlement and annual leave – Your rights

With many workers unlikely to be taking annual leave during the coronavirus outbreak, the Government has relaxed the rules, allowing untaken annual leave (up to 20 days) to be carried over into the next two years.

Almost all workers are entitled to 28 days’ holiday entitlement each year including bank holidays.  The law however, does not guarantee that any unused holiday can be carried over into the next holiday year and it is therefore at the employer’s discretion to decide whether unused leave can be carried over.

The Working Time (Coronavirus)(Amendment) Regulations 2020 which came into force on the 26th March 2020 relax the restrictions on the four weeks of annual leave (provided for under European law) not the additional 1.6 weeks of annual leave provided for by the Working Time Regulations which is subject to different rules on carry-over.

These Regulations will provide reassurance to employees with regard to their rights to paid holiday during the Covid-19 pandemic but also will help support businesses who are worried about all their workers taking their holiday at the end of the current year.

In addition, workers are entitled to receive a payment in lieu of their holidays if their employment is terminated before they have taken the carried-over leave.

If you would like further information or to discuss your current situation with regards to your holiday entitlement, please call our employment specialist, Lisa Aitken who can provide advice on your entitlements.

T: 07960 469988


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