Duds 85

Apprentice Holiday Entitlement

Created

Good morning!

We have an employer who has taken on apprentices, has an apprentice agreement/contract in place; however the holiday entitlement is accrued based on days/weeks worked rather than actual yearly holiday entitlement, meaning 1 apprentice has had to take unpaid leave for time off as they haven't accrued enough holidays!

My query is...... is this allowed? I can't seem to find anything in any of the guidance that says it is or is not! 

Any help/advice or referral to guidance would be much appreciated!

Thank you. 

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Martin West

Yes,

Accrual system

An employer can use an accrual system to work out a worker’s leave during the first year of the job. Under this system, a worker gets one-twelfth of their leave in each month.

Example

Someone works a 5-day week and is entitled to 28 days’ annual leave a year. After their third month in the job, they’d be entitled to 7 days’ leave (a quarter of their total leave, or 28 ÷ 12 × 3).

Leave entitlement when starting a new job

If a worker starts their job part-way through a leave year, they’re only entitled to part of their total annual leave for the current leave year. What they get depends on how much of the year is left.

Where they take more holiday than they have accrued in the holiday year then they would have to take the difference as unpaid leave.

HTH