In most cases, no — you cannot carry over annual leave without your employer’s agreement unless a statutory exception applies. The normal rule under the Working Time Regulations 1998 is that annual leave must be taken in the leave year it is accrued. However, there are three important exceptions where carryover is a legal right, not a favour.
Key Takeaways
- Normal annual leave (the 4 weeks’ basic entitlement under EU-derived law) can be carried over if you were unable to take it due to sickness — with or without employer agreement.
- Statutory maternity, paternity, adoption, and shared parental leave — you can carry over any annual leave that accrued during your leave period and could not be taken.
- Employer refused a reasonable request — if your employer unreasonably refused leave during a period when you could have taken it, you may have a right to carry it over.
- Contractual leave above 5.6 weeks is governed by your contract — the employer can refuse carryover for this portion.
- If your employer says no to carryover, you can raise a grievance or seek advice from Acas.
The Three Exceptions
1. Sickness Absence
If you were unable to take your annual leave because you were off sick, you have the right to carry it over into the next leave year. This applies to the first 4 weeks (20 days for a full-time worker) of your statutory annual leave entitlement — the part derived from the EU Working Time Directive.
You must have been genuinely too ill to take the leave. If you were not sick but simply chose not to book leave, carryover is at your employer’s discretion.
2. Family Leave (Maternity, Paternity, Adoption, Parental)
If you were on statutory maternity leave, paternity leave, adoption leave, or shared parental leave, you accrue annual leave during that period. Any annual leave you could not take because you were on family leave can be carried over. Your employer cannot refuse this.
For more on how annual leave interacts with maternity leave, see our accruing annual leave while on maternity leave guide.
3. Employer Unreasonably Refused Your Request
If you made a reasonable request to take leave at a specific time and your employer refused it without a valid operational reason, and the leave cannot now be taken before the year-end, you may be entitled to carry it over. This is not an automatic right — it depends on whether the refusal was unreasonable.
How Much Can You Carry Over?
The amount you can carry over depends on the reason:
| Reason | Maximum carryover |
|---|---|
| Sickness absence | 20 days (4 weeks of statutory entitlement) — some employers allow more by policy |
| Maternity/paternity/adoption/parental leave | All annual leave that accrued during the leave period |
| Employer unreasonably refused | The leave that was refused — typically limited to the statutory 5.6 weeks |
| Employer policy (discretionary) | Whatever the policy says — commonly 5 days |
What About Contractual Holiday Above 5.6 Weeks?
If your contract gives you more than 28 days (for a full-time worker), the additional days above the statutory minimum are governed by your contract. Your employer can set whatever carryover rules they like for this portion — including a zero-carryover policy.
Check your contract and employee handbook. Some employers allow carryover of up to 5 days by policy, even for the non-statutory portion.
How to Request Carryover
If your employer initially said no, write to them formally explaining:
- Why you could not take the leave (sickness, family leave, refusal of reasonable request)
- How much leave you want to carry over
- Why you believe you are entitled to carry it over under the relevant exception
If they still refuse, you can raise a grievance. An Employment Tribunal can award compensation equivalent to the value of the lost leave if the refusal was unlawful.
FAQ
Can my employer force me to take all my leave by year-end?
Yes, as long as they give adequate notice and you have had a genuine opportunity to book it. See our annual leave reminder email templates for how employers typically manage this.
Can I carry over leave if I didn’t take it because I was too busy?
No. Being “too busy” is not a legal ground for carryover. You need to have been prevented from taking the leave by a recognised exception (sickness, family leave, employer refusal).
How long can I carry over leave for?
Carried-over leave from sickness generally must be taken within 18 months of the end of the leave year in which it accrued. This follows the retained EU case law on the subject. Your employer may set a shorter period by policy.
What if my employer’s policy says no carryover at all?
If the policy prevents carryover of the statutory 4 weeks’ leave that you could not take due to sickness, the policy is unenforceable to that extent — the statutory right overrides it. For leave above the statutory minimum, the policy stands.
Do I get paid for carried-over leave if I leave my job?
Yes. Any accrued but untaken annual leave — including carried-over leave — must be paid out on termination. This includes leave carried over from previous years that you were entitled to but did not take.