Regulation 15 Dates on which leave is taken

England, Wales and Scotland

(1)

A worker may take leave to which he is entitled under F1regulations 13, 13A and 15B on such days as he may elect by giving notice to his employer in accordance with paragraph (3), subject to any requirement imposed on him by his employer under paragraph (2).

(2)

A worker’s employer may require the worker—

(a)

to take leave to which the worker is entitled under F2regulation 13 F3, 13A or 15B; or

(b)

not to take such leave F4...,

on particular days, by giving notice to the worker in accordance with paragraph (3).

(3)

A notice under paragraph (1) or (2)—

(a)

may relate to all or part of the leave to which a worker is entitled in a leave year;

(b)

shall specify the days on which leave is or (as the case may be) is not to be taken and, where the leave on a particular day is to be in respect of only part of the day, its duration; and

(c)

shall be given to the employer or, as the case may be, the worker before the relevant date.

(4)

The relevant date, for the purposes of paragraph (3), is the date—

(a)

in the case of a notice under paragraph (1) or (2)(a), twice as many days in advance of the earliest day specified in the notice as the number of days or part-days to which the notice relates, and

(b)

in the case of a notice under paragraph (2)(b), as many days in advance of the earliest day so specified as the number of days or part-days to which the notice relates.

(5)

Any right or obligation under paragraphs (1) to (4) may be varied or excluded by a relevant agreement.

(6)

This regulation does not apply to a worker to whom Schedule 2 applies (workers employed in agriculture F5in Wales or Scotland) except where, in the case of a worker partly employed in agriculture in Wales or Scotland, a relevant agreement so provides.

Annotations

Textual amendments

F1: Words in reg. 15(1) substituted (1.1.2024) by The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (S.I. 2023/1426), regs. 1(2), 3(6)(a)
F2: Words in reg. 15(1)(2) substituted (25.10.2001) by The Working Time (Amendment) Regulations 2001 (S.I. 2001/3256), regs. 1(1), 3
F3: Words in reg. 15(2)(a) substituted (1.1.2024) by The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (S.I. 2023/1426), regs. 1(2), 3(6)(b)
F4: Words in reg. 15(2)(b) omitted (1.1.2024) by virtue of The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (S.I. 2023/1426), regs. 1(2), 3(6)(c)
F5: Words in reg. 15(6) inserted (E.) (1.10.2013) by The Working Time (Amendment) (England) Regulations 2013 (S.I. 2013/2228), regs. 1(2), 2(3) (with reg. 3)