Q&As

How is holiday leave and pay treated for term-time only staff who take a period of maternity or adoption leave which extends over school holidays?

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Published on LexisPSL on 15/07/2021

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • How is holiday leave and pay treated for term-time only staff who take a period of maternity or adoption leave which extends over school holidays?
  • The right to statutory paid holiday (annual leave)
  • Requiring holiday to be taken at particular times
  • Accrual of holiday during maternity and adoption leave
  • Interaction between holiday and maternity leave
  • Interaction between holiday and adoption leave

How is holiday leave and pay treated for term-time only staff who take a period of maternity or adoption leave which extends over school holidays?

The right to statutory paid holiday (annual leave)

All workers have the right under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, to a total of 5.6 weeks’ annual leave each leave year, made up of:

  1. a basic entitlement to a minimum of four weeks' annual leave (20 days for a regular full-time worker) each leave year, implementing the right to annual leave under Directive 2003/88/EC (the Working Time Directive (WTD))

  2. an additional entitlement to 1.6 weeks' annual leave (eight days for a regular full-time worker) each leave year, which is a right under domestic legislation only

WTR 1998, SI 1998/1833, entitle a worker to be paid:

  1. in respect of any period of statutory holiday

  2. in lieu of any statutory holiday entitlement accrued but unused on termination of their employment

For further information, see Practice Notes:

  1. Holiday

  2. Holiday pay

Requiring holiday to be taken at particular times

The employer may require the worker:

  1. to take annual leave on particular days, or

  2. not to take annual leave on particular days

For further information, see Practice Note: Holiday, in particular section: When statutory holiday may be taken and the notice requirements.

In the case of a worker who works term-time only, the contract will usually stipulate that they

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