Does a worker’s paid holiday entitlement carry over to subsequent years if they do not take holiday because their employer refuses to pay them? In short, yes it does.
Not Using Holiday Entitlement?
Where a worker does not use their entitlement to paid holiday because they would not be paid by their employer, the worker can claim he or she was prevented from exercising their right to such paid leave.
The right then carries over until the worker has had the opportunity to exercise it.
The worker does not have to ask to take leave before being able to establish whether he or she is entitled to be paid for it because the risk of not being paid for the leave would be a deterrent to taking it.
Concerned About Employees Carrying Over Their Leave?
If you are concerned about employees carrying over leave or have recently received a request from an employee to carry over leave, please seek legal advice and get in touch with DPH Legal.
The content on this page is for general awareness only. It is not intended to constitute professional or legal advice. Changes to legislation may have happened since this article was published. The contents of this article should not be used as a basis for action and the reader should be advised to seek the appropriate professional advice based on their individual circumstances.
