Skip to main content

Insight article

July 29, 2020

Holiday entitlement, pay and furlough

What are my employees entitled to?

COVID-19 has caused unprecedented challenges for employers for several reasons. You may have furloughed many of your staff members. However, there is still a need to navigate holiday pay and leave entitlement. In this article, we look at how holiday entitlement and pay apply during the Coronavirus pandemic.

This guide is for employers with furloughed employees, and those with employees who have continued to work during this period.

Coronavirus and holiday entitlement

Most UK workers can take up to 5.6 weeks’ paid holiday per year, which is the statutory minimum. Many employees are entitled to more holiday when expressed in their employment contract. Workers can take the same amount of holiday, regardless of whether they are on sick leave, maternity leave, parental leave, or any other type of statutory leave, including furlough leave. It is important to note that there is no requirement for workers to take holiday while they are on sick leave.

Furloughed workers and holiday entitlement

Workers continue to accrue holiday while they are on furlough and may take holiday without affecting their furlough. If you require an employee to take some of their holiday entitlement while on furlough, it is important to consider whether the employee can relax and enjoy leisure time (the purpose of a holiday). The need to self-isolate, socially distance, or if an employee is sick, may prevent them from resting. This is a fundamental part of taking holidays from work. You must also comply with the Working Time Regulations 1998 by providing twice as much notice of the requirement for the worker to take holiday, as against the period of holiday which you wish them to take. For example, if you require a worker to take five days’ holiday, you must provide ten days’ notice.

Are furloughed workers entitled to bank holidays?

If a bank holiday falls within a period of furlough, and the worker would typically have been working on that date, the bank holiday will not affect furlough. However, if the employee would normally have had annual leave on that date, you have two options:

  • the employee may take the bank holiday as annual leave; or
  • defer the bank holiday to a later date.

How much holiday pay are workers entitled to?

A worker’s entitlement to holiday pay will depend on the number of hours they work and how you pay them for those hours. Holiday pay entitlement for employees, regardless of whether they are on furlough or continue to work, can be calculated using the standard Government guidance or may be prescribed by what has been set out in the employment contract.

Note on furloughed workers and holiday pay

It is essential that employers correctly calculate furloughed workers’ holiday pay entitlement. Employers should not simply pay employees the rate of pay they are receiving while on furlough. The only exception is if an employer has agreed to pay the employee their usual rate of pay while they are on furlough. If any of your furloughed workers take annual leave during their period of furlough, you should calculate the correct amount of holiday pay using the standard guidance.

If the amount owed is at a rate higher than the pay they receive while on furlough, you must pay the difference. Taking holiday will not affect the furlough period. You can claim the usual grant from the government to cover the cost of holiday pay for the relevant period.

For those taking benefit from the flexible furlough scheme (in place since 1 July 2020) it is important to exercise caution as returning to work part-time may affect the rate of holiday pay to which the worker is entitled to. Holidays taken during flexible furlough should be paid in accordance with the Working Time Regulations. Only part of that payment will be recoverable under the scheme.

For further information, call Karen Cole today.

Note: This is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Double jeopardy of digital asset inheritance planning amid probate delays
    Hidden digital assets and mounting interest on inheritance tax bills are creating a costly double risk for families dealing with estates following the death of a loved one, as probate delays continue to impact thousands across England and Wales, addi


    Read more
  • Deal or no deal? Keeping negotiations on track
    How to keep commercial deals on track with Heads of Terms, NDAs and exclusivity, improving efficiency, reducing risk and avoiding delays.


    Read more
  • Rights and wrongs: How AI is reshaping Employment Tribunal claims
    AI may be a familiar presence in the workplace, but it’s now starting to appear somewhere less expected: the Employment Tribunal (ET). Grayson Stuckey explores this trend – and what it means for employers.


    Read more
  • Renters’ Rights Act: why process and paperwork matter more than ever for landlords
    The Renters’ Rights Act has now passed into law, marking one of the most significant shifts in the private rented sector in a generation. Most of the new measures will take effect in May 2026, with a national landlord database to follow later in th


    Read more
  • Understanding the Roles of Executors and Trustees
    When making a will, you place significant trust in those appointed to carry out your wishes. Executors and trustees are key roles, often held by the same people, but their responsibilities differ. Understanding these roles and their obligations helps


    Read more

What they say...

  • W Sandover, April 2026
    Boundary Wall dispute “Although (for complex, not relevant) reasons, this matter never reached the point of either negotiations or a court case, Barker Gillette staff provided us with excellent support. I would certainly go back to them in the

  • Client, April 2026
    Excellent suppy “Karen Cole supported me through a difficult time with warmth and professionalism. She made the entire process as smooth as possible, responding quickly to communication and giving clear advice. I would highly recommend Karen to

  • Client, April 2026
    So helpful! “Pippa Marshall listened and offered supportive, practical advice. She was very friendly, easy to talk to and did not pressure me to make any costly decisions during my free 30-minute consultation. I would definitely recommend Pippa

  • Nika Franke-Matthecka, April 2026
    “We had an excellent experience working with Michael Davies and his team on the sale of our property. They were efficient, knowledgeable, and highly diligent throughout the entire process. Communication was always prompt and clear, which made w

  • Paul Woodman, March 2026
    Will writing “Excellent service from start to finish. Efficient and good value. Charlotte was very professional, knowledgeable and understanding.”

Read more
Send this to a friend