Annual leave entitlement: 5.6 weeks, part-time and pro rata.
Almost every worker is entitled to 5.6 weeks of paid holiday a year, capped at 28 days. Here is how that works for full-time and part-time staff, irregular hours, people who start part-way through the year, and leavers.
Holiday, by law
What the regulations set
5.6 weeks
Paid leave a year
28 days
The most by law
12.07%
Of irregular hours
- Five days a week The full statutory amount 28 days
- Three days a week Pro rata to the working week 16.8 days
- Six days a week Capped, however many days 28 days
- Bank holidays Can count towards the total Optional
Who gets paid holiday
Almost everyone classed as a worker is entitled to paid holiday. That covers agency workers, workers with irregular hours and part-year workers. You can give more than the law requires, and set your own rules for the extra.
How much: 5.6 weeks
The statutory entitlement is 5.6 weeks of paid holiday a year, capped at 28 days. Someone who works 5 days a week gets 28 days. Someone who works 6 days a week also gets 28 days, because of the cap.
In the Working Time Regulations 1998 it comes in two parts: 4 weeks under regulation 13 and a further 1.6 weeks under regulation 13A, with the two together capped at 28 days.
Bank holidays don’t have to be given as paid leave. You can count them as part of the 5.6 weeks, so check what your contracts say. Our bank holidays guide lists the dates.
Part-time and pro rata
Part-time workers with regular hours who work the whole year still get at least 5.6 weeks. In days, that is fewer than 28 days: a week’s worth of their own working days, times 5.6. Someone who works 3 days a week gets at least 16.8 days.
Our free holiday entitlement calculator works it out for one person from their days or hours, and for starters and leavers.
Irregular hours and part-year
An irregular-hours worker is one whose hours in a pay period often or always change. A part-year worker works only part of the year. For leave years starting on or after 1 April 2024, both build up leave as they go, at 12.07% of the hours they worked in each pay period.
Leave worked out this way is rounded up to the nearest hour when the part-hour is half an hour or more. Our irregular hours guide covers the rest of these rules.
Starting part-way through the year
You can run holiday on a leave year, or on an accrual system. Under accrual, a worker gets one-twelfth of their leave each month.
Someone who starts after the leave year has begun gets only part of that year’s entitlement, in proportion to the part of the year left. They can accrue one-twelfth of their leave a month from their first day, or you can work out their first month pro rata to the days they work in it. Leave for a part month is rounded up to the nearest half day.
Taking it, carrying it, leaving
- Booking. The general rule is that a worker gives notice at least twice as long as the leave, such as 3 days’ notice for 1 day off. You can refuse leave at a particular time, but not refuse to let someone take it at all. To make staff take leave, you give notice at least twice as long as the leave.
- Carrying it over. Statutory leave is meant to be taken in the leave year it is due. Leave someone couldn’t take because they were on other statutory leave carries into the next year. Regulation 13 leave missed through sickness carries over too, to be taken within 18 months of the end of the year it came from. So can leave someone was never given a reasonable chance to take.
- Leaving. Statutory leave can only be paid instead of taken when someone leaves. Untaken statutory leave must be paid, even after a dismissal for gross misconduct. If they have taken more than they built up, you can take money back from their final pay only if that was agreed in writing beforehand.
Sources
- Holiday entitlement (GOV.UK), with its pages on calculating leave, booking time off and holiday before leaving a job
- Working Time Regulations 1998, regulation 13 (4 weeks; carrying leave over) and regulation 13A (a further 1.6 weeks; the 28-day cap)
This guide is general information, not legal advice. For one person’s situation, ask Acas (0300 123 1100, free) or a solicitor.
Holiday allowances worked out for every contract.
KivoHR works out each allowance from the contract and pattern, pro rata for starters and leavers, and never below the legal minimum.