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When can an employer turn down a holiday request? Can an employee who has recently started work take annual leave? What happens to accrued but untaken annual leave on the termination of employment? Ashok Kanani looks at some scenarios that employers commonly face when employees request annual leave.
Employers must give their workers a minimum of 5.6 weeks' paid leave in each leave year under the Working Time Regulations. This minimum entitlement includes bank and public holidays.
The Working Time Regulations also contain provisions for notice, holiday accrual in the first year, and how to deal with untaken accrued holidays on termination of employment. Employers can, of course, have their own policies regarding holidays in the employment contract.
An employer has a worker who wants to take 10 days' holiday from 18 August.
In the absence of any contractual provisions, the Working Time Regulations apply and the worker must give the employer 20 days' notice to take the leave.
If the employer wants to refuse the leave request, it must do so at least 10 days before the first date the leave would start.