You have the same right as other workers and employees to a minimum of 5.6 weeks' paid holiday each 'leave year' when you’re on an assignment. The leave year is how an employer works out how much holiday a year you're entitled to and when you should take it by. When you’re an agency worker, it usually runs from the date you started your assignment. You build up ('accrue') holiday entitlement from the first day of your assignment.
You also have the right to:
- carry over holiday you've not taken to a new assignment
- get paid for any holiday you've not taken if you leave the agency
After the 12-week qualifying period, you have the right to the same amount of holiday and holiday pay as direct employees of the hiring organisation. If they give holiday above the legal minimum of 5.6 weeks, you can choose how you want to use it. You can either:
- add it to your holiday entitlement
- get paid for it on top of your hourly or daily pay rate and clearly itemised on each payslip
- get paid for it in one go at the end of your assignment and clearly itemised on your final payslip
Asking for holiday
Your agency might need an amount of notice when you ask to take holiday, so it's a good idea to check. Even if they do not, you should give them notice that's at least twice the amount of holiday you want. For example, if you want to take 1 week of holiday, you should ask your agency at least 2 weeks before you want your holiday to start.
This is so there's enough time for them to arrange cover for your work, if necessary. Agencies can refuse a holiday request but they must allow you to take it at another date. You must take your statutory holiday entitlement in each leave year. Find out more about asking for and taking holiday.