The start of the year saw a number of updates relating to the carrying over of statutory leave.
From 1 January 2024, the following in regards to carrying over statutory leave will apply to all employees and workers:
Employees and workers can carry over their full statutory entitlement of 5.6 weeks into the next year if they’ve been on a period of maternity and/or other family leave.
Employees working regularly throughout the year can carry over 4 weeks statutory holiday into the next year if they’ve been on a period of sickness absence, if they use it within 18 months starting from the end of the leave year in which it accrued.
Irregular hours and part-year workers can carry over their full statutory entitlement of 5.6 weeks into the next year if they’ve been on a period of sickness absence, if they use it within 18 months starting from the end of the leave year in which it accrued.
A worker will be entitled to carry forward 20 days statutory leave into the next year if:
the employer has refused to pay a worker their paid leave entitlement
the employer has not given the worker a reasonable opportunity to take their leave and encouraged them to do so
the employer failed to inform the worker that untaken leave must be used before the end of the leave year to prevent it from being lost.
Carry-over will last to the first full leave year in which none of the above occurred.
We will be covering this in more detail in our employment law update in April. Keep an eye on our events page for a confirmed date in the near future.
If your business needs help with the latest updates to carrying over statutory leave, our employment law team can help.
Our Legal 500-rated employment law team are experts in guiding businesses of all sizes and backgrounds through a range of issues that may arise, whether that’s redundancy and staff reorganisation, restrictions on competition post-employment, protecting confidential business information, employment and consultancy contracts and more.
Disclaimer: All legal information is correct at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation - contact us; we’d be delighted to help.
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