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

Either

  • 1/3 of a working week where the employee works at least 117 hours in a calendar month

OR

  • 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.