16.—(1) Subject to regulation 33 and paragraphs (2) and (4), a worker is entitled to a period of 1.6 weeks additional leave in each leave year.
(2) The aggregate entitlement provided for in paragraph (1) and regulation 15(1) is subject to a maximum of 28 days.
(3) A worker's leave year begins for the purposes of this regulation on the same date as the worker's leave year begins for the purposes of regulation 15.
(4) Where the date on which a worker's employment begins is later than the date on which the worker's first leave year begins, the additional leave to which the worker is entitled in that leave year is a proportion of the period applicable under paragraph (1) equal to the proportion of that leave year remaining on the date on which the worker's employment begins.
(5) Leave to which a worker is entitled under this regulation may be taken in instalments, but it may not be replaced by a payment in lieu except where the worker's employment is terminated.
(6) A relevant agreement may provide for any leave to which a worker is entitled under this regulation to be carried forward into the leave year immediately following the leave year in respect of which it is due.
[F1(7) Where, as a result of taking a period of statutory leave in any year, a worker is unable to take some or all of the annual leave to which the worker is entitled in that leave year under this regulation, the worker is entitled to carry forward such untaken leave into the following leave year.]
Textual Amendments
F1Reg. 16(7) inserted (1.1.2024) by The Working Time (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/223), regs. 1(2), 2(4)