Government guidance on holiday entitlement

The Department for Business, Enterprise and Regulatory Reform (DBERR) has released guidance on the increase in the statutory holiday entitlement.

Under the new regulations, the minimum annual holiday entitlement rises to 28 days in England, Scotland and Wales.  If paid leave is given for bank and public holidays, then these days can count towards the 28 days.  The entitlement will be 5.6 weeks per annum (28 days of leave) from 1 April 2009.

Payment in lieu cannot be provided for anything less than 5.6 weeks, unless a member of staff is leaving.

For staff wishing to carry over unused holiday, this is only allowed for any entitlement above the four week minimum, and additional statutory leave can only be carried over into the following leave year.

Part-time workers will be entitled to the same level of holiday pro rata.