LEAVE
ENTITLEMENT
Every worker - whether part-time or full-time
- is entitled to four weeks' annual leave. Before
23 November 1999, it was three weeks.
A week's leave should allow workers to be away
from work for a week. It should be the same amount
of time as the working week: if a worker does
a 5-day week, he or she is entitled to 20 days'
leave; if he or she does a 3-day week, the entitlement
is 12 days' leave.
The leave entitlement under the regulations is
not additional to bank holidays. There is no statutory
right to take bank holidays off.
Workers must give the employer notice that they
want to take leave.
Employers can set the times that workers take
their leave, for example for a Christmas shutdown.
If a worker's employment ends, he or she has a
right to be paid for the leave time due and not
taken.
WHO
IS ENTITLED TO PAID ANNUAL LEAVE?
The entitlement to paid annual leave, including
the right to compensation payments for untaken
leave when you leave your job, begins on the first
day of employment. However, the employer can optionally
use an accrual system whereby during the first
year of employment the proportion of the leave
which may actually be taken (with the employer's
agreement) builds up over the year. The amount
of leave which may be taken builds up monthly
in advance at the rate of one-twelfth of the annual
entitlement each month.
Where this calculation does not result in an exact
number of days, the amount of leave which may
be taken is rounded up to the next half day. Any
rounded-up element is deducted from the leave
remaining.
For example:
A full-time worker who is in his or her third
month of employment would have built up 5 days'
leave. (The annual entitlement of 20 days multiplied
by 3/12 equals 5 days).
A part-timer who works three days a week and
is still in his or her first month of employment
would be able to take one day's leave. The annual
entitlement of 12 days (four weeks times three
days a week) multiplied by 1/12 equals one day.
A full-time worker who is in his or her eighth
month of employment would have built up 13½
days' leave. The annual entitlement of 20 days
multiplied by 8/12 equals 13.33 days, which is
rounded up to 13½ days.
NEW
RIGHT TO PAID PATERNITY LEAVE
A right to paternity leave and pay is being introduced.
Eligible employees will be able to take up to
two weeks' paid leave to care for their new baby
and support the mother. The right will be available
to employees whose children are expected to be
born, or are born, on or after 6 April 2003.
NEW RIGHTS TO PAID LEAVE FOR ADOPTIVE PARENTS
A right to adoption leave and pay is being introduced.
The new right will be available to individuals
who adopt, or one partner of a couple where the
couple adopt jointly. A right to paternity leave
and pay for the other member of the couple, or
an adopter's partner, is also being introduced.
Employees whose children are placed with them
on or after 6 April 2003 benefit from the new
adoption and paternity leave and pay rights.
RIGHTS
TO PARENTAL LEAVE AND TIME OFF FOR DEPENDANTS
Employees - both mothers and fathers - who have
completed one year's service with their employers
are already entitled to 13 weeks' (unpaid) parental
leave to care for their child. Parental leave
can usually be taken up to five years from the
date of birth or in cases of adoption five years
from the date of placement (or the child's 18th
birthday, if that is sooner).
Parents of disabled children are entitled to
18 weeks' parental leave (previously 13 weeks)
up to the child's 18th birthday, providing they
have the qualifying length of service.
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