Holidays

The information below refers to the requirements under the Employment (Jersey) Law 2003, due to come into force on 1st July 2005.

Can workers carry over leave?

Where leave entitlement exists, there is no legal right to carry leave entitlement over from one leave year to another unless the worker’s contract allows for it.

Is there a standard leave entitlement?

With effect from 1st July 2005, all employees will be entitled to a minimum of 2 weeks paid annual leave per year, plus paid time off on Public and Bank Holidays, or alternative time off in lieu if required to work on such days (click here for advice on holiday entitlements under the new law). Until 1st July 2005 any holiday entitlement is a matter for the employer and employee to agree.

The written statements must detail entitlement to holidays and give sufficient detail of the arrangements, rate of pay etc.

Holiday accrues on a month by month basis so that, after say 4 months of employment, an employee will be entitled to 4/12ths of his annual entitlement.

The holiday entitlement is in terms of weeks, not days. On this basis, for an employee working five days a week, the minimum entitlement corresponds to 10 days annual leave. A part-time worker, working three days per week, would have the right to 6 days paid annual leave.

However, employees will be entitled to more than the statutory minimum paid holidays if their contracts provide them with more leave.

Can employers specify when leave should be taken?

Yes, for example, for a Christmas shutdown. Otherwise, employees are entitled to choose their leave dates subject to giving notice and any other company rules. Such rules should be notified to employees in company documentation, (e.g. written statements for more on written statements) or in the company handbook.

What is a normal weeks pay for holiday entitlement?

The law specifies a "normal week’s pay. For example:-

• an employee with regular working hours would receive what they would earn for a normal working week
• an employee whose normal working hours vary from week to week, would receive the average hourly rate of pay over an average of their normal weekly working hours over the previous 52 weeks (or a lesser period if they have not worked 52 weeks); or
• an employee with no normal working hours would receive an average of the pay received over the previous 52 weeks (or a lesser period).

Is there a statutory entitlement to bank and public holidays?

Yes. Under the Employment Law 2003 an employee is entitled to paid time off on bank and public holidays or alternative time off, with pay, if required to work.

The written statements must detail the entitlement to public holidays and give sufficient detail of the arrangements, rate of pay etc.

What should happen when employees leave?

When employees leave employment they should be paid for any untaken holidays, calculated on a pro-rata basis, in the current leave year in accordance with the procedure set out in the Employment Law 2003. 

Similarly, if the employee has taken more leave than they are entitled to on termination, the employer can recoup the excess from the employee by a monetary payment.

Where can you get more information?

JACS can provide further information.

ACAS publication:
Holidays and holiday pay.