Payment for holidays and leave must be calculated each time the employee goes on holiday or leave as the rate of payment may change even from pay period to pay period.
Annual holidays are paid at whichever rate is the higher of:
- the employee’s ordinary weekly pay at the beginning of the annual holiday, or
- the employee’s average weekly earnings for the 12 months just before the end of the last pay period before the annual holiday.
Sick leave, bereavement leave, alternative holidays and unworked public holidays are paid at the rate of relevant daily pay, or may be paid at the rate of average daily pay in some situations.
Worked public holidays are paid at the rate of at least time and a half for the hours worked.
Some employment agreements have a salary rate for unspecified hours or patterns of work, or set wage rates for public holidays. Employment agreements can also include penal rates for particular days worked, for example, double-time for working on a Sunday. Holiday and leave provisions in employment agreements only apply if they are at least equal to what the employee would get under the Holidays Act 2003.
Calculating annual holiday payment rates
Payment for annual holidays is made at the start of the employee’s holiday and is at the rate of the greater of the employee’s ordinary weekly pay or average weekly earnings.
Pay for public holidays, sick and bereavement leave and alternative holidays
Payment for sick and bereavement leave, public holidays and alternative holidays is calculated using relevant daily pay or average daily pay.
Payment for leave and holidays in final pay
When you leave your employment, any annual and alternative holidays that haven’t been taken by you are paid in your last pay.
Relevant and average daily pay
Public holiday, bereavement and sick leave and alternative holiday payments are calculated using relevant daily pay or average daily pay (if applicable). Annual holidays are calculated differently.
Changes to tax legislation applying to employee share schemes (ESS)
Changes may affect gross earnings calculations for leave and holidays.
Holiday and leave entitlement and payment ‘must-knows’
What employers and employees should know about calculating holiday and leave entitlements and payments.