Emergency legislation means that in some cases annual leave can be carried forward for two years
Under the Working Time Regulations 1998, workers are entitled to 28 days, or 5.6 weeks, holiday per year (including bank holidays). This is made up of four weeks annual leave derived from the EU and 1.6 weeks of additional annual leave derived from the UK.
Previously, the four-week entitlement was required to be taken within the relevant leave year that it was due. However, in light of the COVID-19 pandemic, in March the government passed new emergency legislation. The Working Time (Coronavirus)(Amendment) Regulations 2020 means that workers are now permitted to carry forward the four weeks of annual leave into the next two leave years where it was not reasonably practicable for a worker to take some, or all of that leave, as a result of the effect of COVID-19.
Government guidance suggests the following factors may be relevant in determining whether it was not reasonably practicable for workers to take their annual leave.
- Whether the employer’s business faced a significant increase in demand due to COVID-19 that required the worker to continue to be at work.
- The extent the business’ workforce is disrupted by COVID-19.
- The health of the worker.
- The length of time remaining in the worker’s leave year.
- The impact of taking annual leave on the wider society response to, and recovery from, the COVID-19 situation.
- The availability of the remainder of the workforce to provide cover.
This is a welcome relaxation of the ‘no carry forward’ rule applicable to this form of annual leave and our members should be mindful of this entitlement going forward if it’s applicable to them.
However, employers should also do everything possible to ensure members are able to take as much of their leave as possible and, where leave is carried forward, give workers the opportunity to take it at the first available opportunity.
Joanne Galbraith-Marten
RCN Head of Legal (Employment)
