Employees can carry over some of their statutory 5.6 weeks' holiday entitlement if:
- there's a relevant agreement that allows it
- 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
Employees can carry over all of their statutory 5.6 weeks' holiday entitlement if they cannot use it because they're on statutory leave. For example, they're on maternity leave.
If there's a relevant agreement
Employees 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 an employee and an employer, for example an employment contract
If there's no relevant agreement, employees must 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 an employee 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 employees to carry over up to 4 weeks' holiday into their next 2 holiday years. This law applied for any holiday an employee did not take because of covid-19 (coronavirus).
From 1 January 2024, this law no longer applies. Employees must use any holiday they've carried over by 31 March 2024. If an employee leaves their job before 31 March, their employer must pay them for this holiday.
Long-term sick leave
If an employee is on long-term sick leave, they can carry over a maximum of 4 weeks' 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 employee cannot use holiday because of statutory leave
An employee might not be able to use their holiday entitlement because they're on statutory leave. For example, they're on maternity leave.
In this situation, they must be allowed to carry the holiday over to the next leave year. Employees should arrange this with their employer as early as possible.
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 employee 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 a maximum of 4 weeks' holiday entitlement.
Encouraging employees to take holiday
Making sure employees take holiday can:
- improve productivity
- reduce unplanned sickness absence
- improve staff retention
- improve working relationships
To encourage employees to take holiday, employers could:
- have a policy that sets out clearly that employees will lose holiday they do not take
- cover this in training for managers
- send out email reminders to employees
- remind employees to take holiday in one-to-one and team meetings
- make clear on any forms or systems for booking holiday that employees will lose holiday they do not take
Employers could also consult with employees and any trade unions on the best way to communicate about this.
If an employee cannot take all their holiday for another reason
An employee 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.
Irregular hours workers and part-year workers
There are different rules about carrying over holiday for irregular hours workers and part-year workers.
Find out about carrying over holiday for irregular hours workers and part-year workers
Contact the Acas helpline
If you have any questions about carrying over holiday, you can contact the Acas helpline.