Holiday Entitlement Calculation

Full-time workers are entitled to 5.6 weeks (28 days) paid holiday per year under the Working Time Regulations 1998. This can include bank holidays. Part-time workers receive a pro-rata entitlement.

Last updated: February 2025

5.6 weeks (28 days)

Minimum entitlement

4 weeks

Reg 13 leave

1.6 weeks

Reg 13A leave

What the Law Says

The Working Time Regulations 1998 (implementing the EU Working Time Directive, retained in UK law) provide all workers with a minimum of 5.6 weeks paid annual leave. This comprises 4 weeks under Regulation 13 and 1.6 weeks under Regulation 13A. Holiday pay must reflect normal remuneration including regular overtime and commission.

Your Obligations as an Employer

  • Provide minimum 5.6 weeks paid leave per year
  • Calculate holiday pay based on normal remuneration including regular overtime
  • Allow carry-over of unused Reg 13 leave where worker was unable to take it
  • Pro-rate entitlement for part-time and irregular hours workers

What to Include in Contracts

Specify total annual leave entitlement, whether bank holidays are included in or additional to the 28 days, the holiday year dates, carry-over rules, and the process for requesting and approving leave.

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Common Mistakes

  • Calculating holiday pay on basic pay only, excluding regular overtime and commission
  • Not allowing carry-over when employees were prevented from taking leave
  • Using 12.07% accrual for irregular workers without checking current case law

FAQ

Do bank holidays count towards the 28 days?

Employers can include the 8 UK bank holidays within the 28-day statutory minimum. There is no separate legal right to bank holidays off. The contract should clearly state whether bank holidays are included in or additional to annual leave.

How do you calculate holiday for part-time workers?

Multiply 5.6 by the number of days worked per week. For example, a worker doing 3 days per week is entitled to 16.8 days (5.6 x 3). For irregular hours workers, use the accrual method or 52-week reference period.

Related Topics

Bank Holiday Entitlement

Working Time Regulations

Statutory Sick Pay (SSP) Rules

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This is guidance for UK employers, not legal advice. For complex employment law matters, consult a qualified employment solicitor or ACAS.

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