LRD guides and handbook August 2013

Health and safety law 2013

Chapter 9

Carrying unused leave forward into a subsequent leave year

Except for the special position where a worker is unable to take annual leave due to sickness, under the WTR a worker with unused annual leave has no right to carry forward any of the four weeks annual leave from one leave year to the next.

A “relevant agreement” can be entered into to allow any of the extra 1.6 weeks of annual leave to be carried forward into the immediately following holiday year.

If a worker is entitled under the employment contract to extra annual leave, beyond the minimum statutory entitlement of 5.6 weeks, worker and employer are free to agree anything they want about carrying forward (or even buying back) any of the unused extra contractual holiday allocation.