Every UK worker is entitled to a minimum of 5.6 weeks of paid annual leave per year under the Working Time Regulations 1998. For a full-time worker with a 5-day week, this equals 28 days. The entitlement applies from day one of employment and cannot be reduced by contract. Understanding how to calculate annual leave correctly — including part-time pro-rating, bank holidays, and carry-over rules — is essential for compliance.
This guide covers the statutory entitlement, how to calculate it for different working patterns, and the rules around bank holidays and carry-over.
Key takeaways
- The statutory minimum is 5.6 weeks of paid annual leave per year — 28 days for a full-time worker.
- The entitlement applies from day one of employment — no qualifying period.
- Part-time workers receive a pro-rata entitlement based on their working days.
- Bank holidays can be included in the 28 days — check your contract.
- Workers can carry over up to 4 weeks of unused leave in certain circumstances.
The statutory entitlement
The Working Time Regulations 1998, Regulation 13 grants every worker a minimum of 5.6 weeks of paid annual leave. The entitlement is calculated as:
5.6 × Number of working days per week = Annual leave entitlement
For a full-time worker working 5 days per week:
5.6 × 5 = 28 days
This is the minimum. Your contract can provide more, but not less.
Calculating for different working patterns
Full-time (5 days per week)
| Calculation | Result |
|---|---|
| 5.6 × 5 days | 28 days |
Full-time (6 days per week)
| Calculation | Result |
|---|---|
| 5.6 × 6 days | 33.6 days |
Part-time (3 days per week)
| Calculation | Result |
|---|---|
| 5.6 × 3 days | 16.8 days |
Part-time (variable hours)
For workers with irregular hours, the entitlement is calculated using the average working week over a 17-week reference period.
Worked example
Tom works 4 days per week (Monday, Tuesday, Thursday, Friday). His annual leave entitlement is:
5.6 × 4 = 22.4 days
If Tom works 4.5 days per week (with a half-day on Friday):
5.6 × 4.5 = 25.2 days
You should round up fractional days to ensure the worker receives at least the statutory minimum.
Bank holidays and annual leave
Bank holidays can be counted as part of the 28-day statutory entitlement. Your contract should specify whether bank holidays are:
- Included — the 28 days include 8 bank holidays, leaving 20 days for the employee to choose.
- Additional — the employee receives 28 days plus 8 bank holidays (36 days total).
If your contract is silent on bank holidays, the default is that they are included in the 28 days.
Accrual during other leave
Statutory annual leave continues to accrue during:
- Sick leave — for up to 54 weeks of absence.
- Maternity leave — for the full 52 weeks.
- Paternity leave — for the full 2 weeks.
- Shared parental leave — for the full period.
- Adoption leave — for the full 52 weeks.
- Carer’s leave — for the 1-week period.
- Jury service — for the duration of the absence.
The accrual rate is 1/12th of the annual entitlement for each month of absence.
Carry-over rules
Workers can carry over unused annual leave in specific circumstances:
4 weeks — can carry over
Up to 4 weeks of statutory leave can be carried over if:
- The worker was unable to take leave due to sickness, maternity, or other statutory leave.
- The employer failed to allow the worker to take leave.
1.6 weeks — depends on contract
The remaining 1.6 weeks (the additional contractual entitlement) can only be carried over if your contract allows it.
Use it or lose it
Employers can require workers to take annual leave at specific times (e.g., a Christmas shutdown) if the contract allows it. However, you cannot simply refuse to allow a worker to take leave and then argue it has been forfeited.
Employer obligations
UK employers have five core duties around annual leave:
- Grant the statutory minimum — at least 5.6 weeks per year.
- Pay for annual leave — at the worker’s normal rate of pay.
- Keep records — track leave taken and accrued.
- Allow carry-over in specific circumstances — sickness, maternity, or employer failure.
- Do not substitute leave for a payment in lieu — except on termination of employment.
For more UK context, see our guides to bank holiday entitlement, working time regulations, and notice periods.
Frequently asked questions
How many days annual leave am I entitled to?
5.6 weeks per year. For a 5-day week, this is 28 days. For part-time, it is pro-rated based on your working days.
Does annual leave include bank holidays?
It depends on your contract. If your contract provides 28 days, bank holidays are typically included. If it provides 28 days plus bank holidays, they are additional.
Can my employer refuse to let me take annual leave?
Your employer can refuse a specific request, but they must allow you to take your statutory entitlement. They can also require you to take leave at specific times if your contract allows it.
Does annual leave accrue during sick leave?
Yes. Statutory annual leave accrues during sickness absence for up to 54 weeks.
Can I lose unused annual leave?
You can carry over up to 4 weeks of unused leave if you were unable to take it due to sickness, maternity, or your employer’s failure to allow you to take it.
Putting it into practice
Five steps keep your annual leave entitlement correct:
- Calculate the statutory entitlement for each worker based on their working days.
- Clarify whether bank holidays are included in or additional to the 28-day entitlement.
- Track annual leave accrual during all forms of absence.
- Apply carry-over rules correctly — do not forfeit leave that should carry over.
- Allow workers to take their statutory entitlement — do not impose unreasonable restrictions.
A leave management system that calculates annual leave automatically, handles part-time pro-rating, tracks bank holidays, and manages carry-over keeps the Working Time Regulations’ annual leave obligations simple and compliant.
Sources
- GOV.UK — Holiday entitlement (primary source)
- Working Time Regulations 1998, Regulation 13
- ACAS — Holiday pay and entitlement
Last updated: 26 July 2026. This article is general information, not legal advice. Annual leave entitlements depend on your contract and working pattern — check your specific terms and the Working Time Regulations.