Can I restrict when leave is taken?

Under the Regulations, an employee should never be deterred from taking annual leave, or paid in lieu of any annual leave. Employers can make it clear in their contract of employment, if there any period of the year in which they cannot take annual leave, because it’s a very busy time of the year of the employer. However, if this is not expressly stating in the contract, annual leave cannot be refused.

If an employee does not use all of their annual leave entitlement during a leave year, they are not entitled to carry this over to the next year, and will lose any outstanding entitlement. The only expectations to this are when leave cannot be taken because the employee is taking Shared Parental Leave or is on long term sickness.

If an employee leaves your employment part way through a leave year, they are entitled to paid for any days annual leave they have accrued but not taken.

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