Carrying over holiday
Irregular hours workers and part-year workers can carry over holiday in certain circumstances. Whether they can carry over some or all of their holiday will depend on the situation.
Irregular hours workers and part-year workers can carry over some of their statutory 5.6 weeks' holiday entitlement if there's a relevant agreement that allows it.
Irregular hours workers and part-year workers must be allowed to carry over all of their statutory 5.6 weeks' holiday entitlement if:
- they're on long-term sick leave
- their employer fails in their legal responsibility and does not let them take all the holiday they're entitled to
- they're not able to use their holiday because they're on statutory leave, for example if they're on maternity leave
If there's a relevant agreement
Irregular hours workers and part-year workers can carry over some of their statutory 5.6 weeks' holiday entitlement if there's a relevant agreement that allows it.
A relevant agreement can be one of the following:
- a workforce agreement, which is made between an employer and employee representatives
- a collective agreement, which is made between a recognised trade union and an employer
- an agreement that can be legally enforced between a worker and an employer, for example an employment contract
If there's no relevant agreement, workers should take the 5.6 weeks' holiday entitlement during the leave year. This is unless there's a good reason why they cannot use their holiday. For example, this could be if they're on long-term sick leave or maternity leave.
If a worker gets more than the legal minimum 5.6 weeks, their contract should say if they can carry over holiday and how much.
Covid and carrying over holiday
In 2020, the government introduced a law allowing workers to carry over up to 4 weeks' holiday into their next 2 holiday years. This law applied for any holiday a worker did not take because of covid-19 (coronavirus).
From 1 January 2024, this law no longer applies. Workers must use any holiday they've carried over by 31 March 2024. If a worker leaves their job before 31 March, their employer must pay them for this holiday.
Long-term sick leave
If an irregular hours worker or part-year worker is on long-term sick leave, they can carry over their full 5.6 weeks' statutory holiday entitlement. They must use it within 18 months starting from the end of the leave year in which they accrued it.
Find out more about sick pay and holiday pay
If an employer does not let someone take all their holiday
Employers have a legal responsibility to make sure employees can take the holiday they're entitled to.
By law, an irregular hours worker or part-year worker can carry over holiday if their employer:
- does not let them take all their holiday or does not encourage them to take it all
- does not inform an employee that they will lose any holiday they do not take
In these circumstances, they can carry over all of their statutory 5.6 weeks' holiday entitlement.
If a worker cannot use holiday because of statutory leave
An irregular hours worker or part-year worker might not be able to use their holiday entitlement because they're on statutory leave. For example, they're on maternity leave.
In this case, they must be allowed to carry it over to the next leave year. Employees should arrange this with their employer as early as possible.
If a worker cannot take all their holiday for another reason
An irregular hours worker or part-year worker might not be able to take their full holiday entitlement for another reason and be worried about losing it. They should talk to their employer and try to reach an agreement.
Get more advice and support
If you have any questions about carrying over holiday, you can contact the Acas helpline.
You can also find advice for all workers on: