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The Working Time Regulations 1998

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Changes over time for: Section 13

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Version Superseded: 26/03/2020

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Entitlement to annual leaveE+W+S

13.—[F1(1) Subject to paragraph (5), a worker is entitled to four weeks' annual leave in each leave year.]

F2(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A worker’s leave year, for the purposes of this regulation, begins—

(a)on such date during the calendar year as may be provided for in a relevant agreement; or

(b)where there are no provisions of a relevant agreement which apply—

(i)if the worker’s employment began on or before 1st October 1998, on that date and each subsequent anniversary of that date; or

(ii)if the worker’s employment begins after 1st October 1998, on the date on which that employment begins and each subsequent anniversary of that date.

(4) Paragraph (3) does not apply to a worker to whom Schedule 2 applies (workers employed in agriculture [F3in Wales or Scotland]) except where, in the case of a worker partly employed in agriculture [F3in Wales or Scotland], a relevant agreement so provides.

(5) Where the date on which a worker’s employment begins is later than the date on which (by virtue of a relevant agreement) his first leave year begins, the leave to which he is entitled in that leave year is a proportion of the period applicable under [F4paragraph (1)] equal to the proportion of that leave year remaining on the date on which his employment begins.

F5(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Leave to which a worker is entitled under this regulation may be taken in instalments, but—

(a)it may only be taken in the leave year in respect of which it is due, and

(b)it may not be replaced by a payment in lieu except where the worker’s employment is terminated.

Textual Amendments

F4Words in reg. 13(5) substituted (25.10.2001) by The Working Time (Amendment) Regulations 2001 (S.I. 2001/3256), regs. 1(1), 2(4)

F6Reg. 13(7)(8) omitted (25.10.2001) by virtue of The Working Time (Amendment) Regulations 2001 (S.I. 2001/3256), regs. 1(1), 2(6)

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