| 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.
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| 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.
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| 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.
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| 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.
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| 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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| IF
YOU NEED ANY FURTHER INFORMATION REGARDING THIS MATTER, PLEASE CONTACT
THE PINNACLE PARTNERSHIP or telephone us
now. |
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