Share This Story

What time off do I have to give my employees and who pays?

Statutory Pay & Leav

Here is a quick run down of what employees may be entitled to, as of right  – do As an employer you are responsible for your employees; and part of their well being is to have holidays, and time off when they are ill or need to look after loved ones.

ask for more details if you think any could apply to you or your employees:-

Holiday pay & leave

Every employee is entitled to at least 5.8 weeks paid holiday per annum regardless of their usual hours of work.  So remember to factor this into contracts.

Currently there are 3 parts to an employee’s annual holiday entitlement: –

  • EU rules – 20 days to be taken within the year, payable at “normal” payrate.
  • UK extra – 1.6 weeks, may be carried over 1 year, payable at weekly average.
  • Contract leave – extra given by the employer, usually at basic pay.

Totalling 5.6 weeks minimum leave per annum – compulsory for all.

  • Paid at average pay of last 52 weeks actually worked, within the last 2 years.
  • That should be paid when leave is taken.

Many, especially agencies, have been using a percentage formula, for calculating holiday pay and adding it to salary every month, regardless of when/if employees are on leave but this has been deemed unacceptable by the courts.

The good news is that EU and UK holiday rules are to be merged and the percentage rule set to be introduced as the new standard – must easier.  But until then please make sure all employee’s TAKE their leave.

The days an employee has off as holiday can be chosen by the employer e.g. when the office/factory is closed such as bank holidays or the employee may be given the choice.

Employers usually allocate holiday entitlement on a calendar year or tax year basis but any basis is acceptable.

Sick Pay & Leave

If an employee is off sick then they have to be paid at least the statutory sums. There is no funding for the employer so insurance both for the payment of statutory sick pay and temp cover is recommended, especially as this is currently at a flat rate after 3 days, and there are plans to increase this to 80% of salary from day 1.

Sick notes should be obtained but can be self certified if sickness is for less than 7 days.

If an employee is sick while on holiday then they can choose to take that day as sick leave rather than holiday as long as they advise their employer accordingly.

If an employee turns up for work then that day can not be a sick day, even if they go home immediately.

Having a baby or adopting a child?

There are a whole range of funded pay and leave options and rules.

Statutory Maternity Pay & Leave – for pregnancy, for up to 12 months. Compulsory for the birth mother for the first 2 weeks after birth; remaining weeks are transferable.

Statutory Adoption Pay & Leave – for any one parent adopting a child, for up to 12 months

Statutory Paternity Pay & Leave – for the partner of someone claiming maternity or adoption leave for up to 2 weeks

Parental Pay & Leave – special rules to share/spread the Maternity or Adoption pay and leave between partners

Statutory Neonatal Care Pay & Leave– if a child goes into neonatal care within 28 days of birth, then for each 7 days in care, then a weeks leave is earned for the parent, including re-admissions, for use after discharge.

Unpaid leave

It is generally accepted that staff should have time off for medical appointments, and it is compulsory to grant leave for medical appointments related to pregnancy.

Time off for family or dependants in an emergency is also a right. There are no statutory limits or pay, just guidance as to what counts as such an emergency in connection with the employee, their family or their dependants.  The time off should be reasonable and the situation unforeseen or urgent.

All employees must be granted leave for jury service.

Employee are additionally entitled to reasonable leave to attend to public duties e.g. local councillors, school governors, trade union.

For more info visit https://www.gov.uk/browse/working/time-off

Related Posts