Entitlement to Holiday Pay and Sick Pay as an employee


What is entitlement to holiday pay and how long are we legally entitled to in the UK?

  • You are legally entitled to 5.6 weeks paid holiday within a year 

  • A weeks’ pay is calculated according to the hours you work and how you are paid for those hours. This includes full-time, part-time, term-time and casual workers.

How do I know if I'm included for entitlement to holiday pay?
You are entitled to holiday pay if you are any of the following:

  • An employed worker.

  • An agency worker.

  • A worker with irregular hours.

  • A worker on zero-hours contracts.
     

How do I calculate my Holiday Entitlement?
Click here to calculate your holiday entitlement on the Government website:

This is a useful tool in order to calculate holiday entitlement for the following:

  • A full leave year.

  • Part of a leave year.

  • If you work irregular hours eg. shift workers/term time workers that are entitled to pay time off for every hour they work.


What is Statutory Sick Pay (SSP)? 

  • Eligible employees are entitled to Statutory Sick Pay (SSP).

  • Employees can get £95.85 per week as SSP if they are too unwell to work. SSP can be paid by your employers for up to 28 weeks.

  • You can start to receive SSP from the fourth day you are off sick. The first 3 waiting days are unpaid unless you have already received SSP within the last 8 weeks and that included a 3 day waiting period.

  • SSP is paid by your employer in the same way as your normal wages, for example weekly or monthly, after deducting tax and national insurance.

  • If your employer has a contractual sick pay scheme you may be entitled to more sick pay than the SSP amount. It is important you check your employment contract in this regard.

How do I qualify for this?

  • To qualify for SSP you must be classed as an employee and have completed work for your employer.

  • You must be earning an average of at least £120 per week.

  • You must have been ill for at least 4 days in a row (including non-working days).
     

Are there any exceptions to me qualifying for this?

You will not qualify or be eligible if you:

  • Are getting statutory maternity pay.

  • Have received the maximum amount of SSP (28 weeks).
     

If you have regular periods of being off sick they may count as being linked. The periods must last 4 or more days and be 8 weeks or less apart. You would no longer be eligible for SSP if you have a continuous series of linked periods lasting more than 3 years.

©2020 by The University of Exeter Community Law Clinic.