Carrying annual leave over in the NHS

The NHS Terms and Conditions of Service Handbook does not set a national carry-over limit. It lists “arrangements for carry over of annual leave” among the terms that employers agree locally with staff representatives, so the answer for you is in your trust’s annual leave policy. What the handbook and the law do fix is what happens to leave you could not take because of maternity leave, long-term sickness or your employer not letting you take it.

Where the rule comes from

Section 19 of the handbook covers terms not set nationally. It says local terms should apply to all staff groups unless there are significant, justifiable reasons not to, and that if local partners cannot agree, existing contractual arrangements apply. Carry-over is on that list, along with special leave and the resolution of disciplinary matters.

In practice each trust writes its own policy: how far in advance leave should be booked, whether any untaken days can go into the next leave year, and by when they must be used. Those figures differ between employers and are not published nationally, so this guide gives none. If you move trusts, read the new policy rather than assuming the old rules follow you. The guide to moving between NHS trusts covers what does carry over, such as service.

What the law adds

Acas explains that a worker can carry over some of their statutory 5.6 weeks’ holiday only if a relevant agreement allows it. A relevant agreement can be a workforce agreement, a collective agreement with a recognised union, or an enforceable agreement such as an employment contract. With no relevant agreement, the 5.6 weeks must normally be taken in the leave year, unless there is a good reason, such as long-term sick leave.

There are three situations in which carry-over is not optional:

• If you are on long-term sick leave, you can carry over a maximum of 4 weeks’ holiday entitlement. You must use it within 18 months starting from the end of the leave year in which it built up.
• If you cannot use your holiday because you are on statutory leave such as maternity leave, you must be allowed to carry it into the next leave year. Arrange it with your employer as early as possible.
• If your employer does not let you take all your holiday, does not encourage you to, or does not tell you that you will lose what you do not take, you can carry over a maximum of 4 weeks.

For long-term sickness in particular, the guide to annual leave and sick leave in the NHS has more.

Leave above the statutory minimum

NHS staff get 27 days plus 8 public holidays at the start of service, which is 35 days (see the NHS annual leave entitlement guide). Statutory leave for a five-day week is 28 days. The part above that is contractual, which Acas calls enhanced or contractual holiday. For that part, the contract should say whether it can be carried over and how much.

Your local annual leave policy is where to look for how your trust treats those days. If you are unsure which of your days count as statutory, ask HR to split your entitlement, because the split depends on how your trust handles public holidays.

Maternity, adoption and shared parental leave

Staff on paid or unpaid maternity, adoption or shared parental leave keep the right to their annual leave and public holidays under Section 13. The handbook says that where unused leave exceeds local carry-over limits, it may suit both sides for you to take it before or after the leave period. How much you take that way, or carry over, should be discussed and agreed with your employer.

The handbook also says payment in lieu may be considered where accrual exceeds normal carry-over provisions, provided it would not breach the Working Time Regulations 1998. The wording is “may”, so it depends on your employer. The maternity leave guide covers the wider picture.

Asking early

Most carry-over disputes start with leave that could not be booked. If your service is short-staffed and your manager has refused requests, put your requests in writing and keep the replies. Acas says employers have a legal responsibility to make sure workers can take the holiday they are entitled to. That is useful evidence if you later argue that you were not allowed to take it.

What to check

• The carry-over section of your trust’s annual leave policy, including the date by which carried-over leave must be taken.
• Whether the policy treats leave above 28 days differently from the statutory part.
• Written records of leave requests that were refused or cancelled.
• If you are due to start maternity or adoption leave, the agreement with your manager on leave taken before and after.

If your employer refuses a carry-over you think the law requires, a union representative or the Acas helpline can explain the options.