Under the Organisation of Working Time Act 1997, it is the employer who decides the times at which a worker takes their annual leave having regard to work requirements. However, the employer is obliged, when making such a decision, to take into account the needs of the worker to reconcile work and family responsibilities as well as the opportunities for rest and recreation that the worker has available to them.
Under the Organisation of Working Time Act 1997, if an employee works eight months or more in a leave year then they are entitled to an unbroken period of two weeks annual leave.
All employees are entitled to paid annual leave that is taken in accordance with the Organisation of Working Time Act 1997
The Organisation of Working Time Act 1997 lays down the amount of annual leave that an employee is entitled to. In accordance with this Act annual leave is based on the hours that the employee has worked.
The method that is used to calculate an employees annual leave entitlement is set out in the Act as follows:
– Four working weeks annual leave, where the employee works more than 1,365 hours in the leave year
– Or if the employee works less than 1,365 hour in the year then
- 1/3 of a working week where the employee works at least 117 hours in a calendar month
- 8% of the hours the employee worked in the leave year (to a maximum of four working weeks per year)
An employee may receive more annual leave than is laid down in the Act (in accordance with their contract of employment) but they cannot receive less.