Holiday entitlement

Information about annual leave for University employees and their managers

Page last updated 25 September 2024

Time away from the workplace is essential to maintain health and a good work-life balance and staff must take all their annual leave within the leave year wherever possible. 

Please also refer to section 3.8 of the staff handbooks.

This guidance applies to employees and not casual workers. 

For arrangements for casual workers, including casual teachers and student ambassadors see: Holiday calculation

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Full-time workers in the UK have a statutory entitlement to 28 days of paid leave each year (inclusive of any bank holidays) pro rata for part-time.

University employees have enhanced contractual leave entitlement. The number of days of paid holiday to which an employee is entitled in each leave year is specified in the contract of employment, but for most University of Oxford support and academic-related employees this is 38 days per annum.  This total includes the standard 8 bank holidays and any fixed closure days observed by their department. If an additional national bank holiday is announced this is awarded as additional leave and not taken from within the standard holiday allocation.

Staff with more than 5 years continuous service may be entitled to additional days of long service leave (see below) and some staff may enter an agreement for additional annual leave through which up to an additional 10 days is exchanged for a small reduction in salary through a salary sacrifice agreement.

All entitlements are pro rata for part-time staff. 

Holiday entitlements are different for academic staff and some other groups including some staff on clinical grades and staff who have transferred to the University under a TUPE agreement.

For staff with less than a year's service, or whose circumstances change during the year (for example, due to a change of hours), or who leave employment during the holiday year, the amount of annual leave allowed will be prorated based on the period worked. 

Staff with more than 5 years’ service benefit from additional days of long service leave. The University scheme for long service leave is set out below (see also section 3.8.2 of the staff handbooks).

Years of continuous service Additional days leave*
More than (yrs) Less than (yrs) -
5 7 1
7 10 2
10 15 3
15 20 4
20 - 5

* Long service leave should be pro rata for part-time staff

Long service leave thresholds and entitlements.

NB qualifying service is calculated as at the end of the holiday year – so an employee who will pass the threshold for 5 years’ service during the holiday year should have the additional day applied at the start of the holiday year.  This is how the Holiday Calculator (see Right Hand Column) is set up to calculate entitlements and avoids complex management of part-year and therefore part-day entitlements.

Continuous service calculation for long service leave

For the purpose of reckoning long service leave entitlement only, the length of continuous service within the Higher Education sector more generally may be applied. This would include service with Oxford colleges or another HE institution anywhere in the UK or abroad. However, there must be no break in service of more than 7 calendar days, and the continuous service must be evidenced, eg by provision of documents such as contracts of employment and/or P45s or equivalent from previous employers. 

Staff who have had a break or breaks in service for family-related reasons may have any period of continuous service with the Chancellors, Masters and Scholars of the University of Oxford at the time of commencing each break in service for domestic reasons counted for the purposes of calculating long service leave entitlement, provided that during the break they have taken no other paid employment. Eligible family-related reasons are such things as a period of statutory maternity/adoption leave after a fixed term contract has ended, or a giving up work to care for a dependant.

Individuals who consider that they qualify for additional leave under either of these criteria, are responsible for advising their employing department and for providing any necessary evidence to support their claim – departments are not expected to investigate whether the benefit applies. 

In the event that an employee requests long service entitlement to be recognised under one of the above criteria after they have commenced (or re-commenced) employment the entitlement may be applied from the date the entitlement is requested and verified, but may not be backdated.

The standard University leave year runs from 1 October to 30 September. However, some departments operate different annual leave year periods (eg January to December or April to March) due to the nature of the work carried out and/or other external factors.

The dates of some days of annual leave are fixed: bank holidays are set by government, and fixed closure days are set by departments.  Staff will usually be expected to take these days from their annual leave entitlement. Some exceptions apply, for example some staff are required to work on particular bank holidays or fixed closure days for operational reasons.  The remaining balance of leave entitlement (sometimes called ‘personal leave entitlement’) is to be taken at times approved in advance by the Head of Department, who should not unreasonably withhold consent. 

Departments must monitor holiday accrual and booking to ensure that staff are encouraged and facilitated to take all their leave within the holiday year in which it is accrued.  

Staff should be encouraged to take all their annual leave within the year in which it is accrued.  In exceptional circumstances, and only with the prior agreement of the Head of Department, up to 5 days of any balance of the annual entitlement (pro-rata for part-time staff) may be carried forward from one year to the next. 

Where the Head of Department agrees to the requested carry-over, the employee must arrange to use the carried-over leave within the first three months of the new holiday year. They should also be reminded to book all their new entitlement within the holiday year. 

There are two exceptions to the limit on 5 days carry over:

  • Family leave: where it has not been possible for an employee to take all their holiday entitlement due to being on a period of family leave, the full accrued, untaken contractual holiday entitlement (including bank holidays and fixed closures) may be carried over into the following leave year, to be used within that year.  However, departments may request that those starting or returning from a period of family leave take some or all of their accrued leave at the start or end of the family leave period (see maternity leave guidance).
  • Long-term sickness absence: where an employee is unable to take all their accrued leave due to sickness absence, their statutory entitlement (28 days) may be carried over for up to 18 months from the end of the leave year in which it was accrued.  See below, and section 4.1.1 of the staff handbooks ) for further information, and note that periods of sick leave may be paused to allow a period of holiday to be taken if wished by the employee.

Regular carry-over of leave is strongly discouraged for both operational/planning and individual health/wellbeing reasons.

The only circumstance in which employees may be paid in lieu of taking their accrued holiday, is when their employment with the University is ending (ie a P45 is being raised). If the employee is transferring to a new post within the University (ie to a new Chancellor, Masters and Scholars of the University contract) without a break in service, employment is continuous and therefore holiday cannot be paid in lieu. See the guidance on ‘transfers between departments’ below for more information.  

Even when employment is ending, contractual terms state that accrued, untaken leave should, wherever possible, be taken before the last day of employment.

Where this is not possible for operational reasons, then accrued, untaken holiday is paid in lieu with the final salary payment (ie when the P45 is raised).  As set out in the contractual terms, entitlement is calculated in proportion to the period already worked during the leave year less the value of any days of holiday already taken – bank holidays being ignored both in terms of entitlement and days of holiday taken.  

Where an employee whose employment is terminating has taken more paid holiday than they have accrued then an appropriate amount should be deducted from the final salary payment.  Alternatively, by mutual agreement, it may be possible for the ‘overpaid’ days to be worked at a later date, without additional payment. The rate used to calculate both under- and over-payment is set out in the contract of employment as 1/260th of full-time equivalent salary for each untaken day of entitlement for full-time employees or, for part-time staff, the number of outstanding hours multiplied against the final hourly rate.

In accordance with the Working Time Regulations employees continue to accrue their statutory holiday entitlement (ie 5.6 weeks/28 days per year including bank holidays for full time staff) including during periods of sickness absence.

Under the University’s sick pay scheme employees accrue contractual annual leave (ie any amount over the 28 days/5.6 weeks statutory entitlement) at the rate of full entitlement when on full pay and half rate when on half pay. During periods of zero pay, the contractual portion of annual leave is not accrued, but statutory leave entitlement will continue to accrue.

In cases of long-term sickness absence this may require a number of calculations to be made:

  • A calculation of the annual entitlement up to the last day before the period of sickness absence began
  • A calculation of the number of days in which statutory entitlement is accrued
  • A further calculation of how many of these days attract additional contractual rate accrual and at what rate – ie full or half rate.

Where an employee has been absent due to sickness and has been unable to take their holiday, the right to accrued paid statutory holiday is not lost at the end of the leave year (see 4.1.1(h) in the staff handbooks). Leave should be taken wherever possible in the year to which it relates, but where this is not possible up to 28 days leave can be carried forward for up to 18 months from the end of the holiday year in which it was accrued. 

Accrued holiday may be taken during periods of sick leave if the individual wishes, by pausing the sickness absence.  If the employee’s rate of sick pay has reduced to half or zero pay, then they should revert to their normal full rate of pay for the period taken as annual leave.

In the event that the individual does not return to work from their sick leave, all accrued, untaken leave may be paid in lieu on termination of employment. Please contact your HR Business Partner for advice.

See also guidance on cases where an employee is taken ill whilst on annual leave, or on a fixed closure day.

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During any periods of family leave (maternity, adoption, shared parental and paternity, and unpaid parental or carer’s leave) employees continue to accrue their contractual benefits, including annual leave, at the normal rate of entitlement. Where a maternity leave period crosses two holiday years and it is not possible for leave to be taken within the holiday year in which it was accrued, the full accrued, untaken amount may be carried forward from one year to the next but must be used within the new holiday year. 

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Holiday arrangements include (amongst other bank holidays and fixed closure days) national bank holidays on Christmas Day and Good Friday, both of which are Christian religious festivals. In the interests of equality those practising other religions should be given preferential treatment when booking leave on the religious festival dates of most significance to them. Such days will be taken from the standard 38 days holiday entitlement as is the case with Christmas and Good Friday (contractual leave entitlement is expressed as 38 days, not 30 days plus bank holidays, so all leave comes from the 38 day total). All leave should be booked with as much notice as possible in order to assist operational arrangements.

As a consequence of taking other religious festivals as annual leave, some employees may request to work on public holidays or fixed closure days. Such requests need to be considered by departments on a case by case basis, taking account of operational issues.  For example, it may not be possible to allow staff to work on site on public holidays or fixed closure days for operational or security reasons, or the nature of the role may mean that there is no work they can do when the building is closed or the rest of the team is on leave. Departmental HR contacts are advised to contact their HR Business Partner for advice, if required.  Dates of some religious festivals are available from the Equality and Diversity Unit.

If a member of staff requests extended leave at a particular time for religious reasons, for example for the purpose of going on pilgrimage, the department should attempt to accommodate the request if possible. If the extended leave exceeds the employee's annual holiday entitlement, unpaid leave can be granted, or an  Additional Annual Leave arrangement might be considered.  If an individual requests to carry over a portion of their leave entitlement from one year to the next for religious purposes line managers should agree such requests if operationally possible, and as long as this complies with statutory provisions. These require that a minimum of 28 days holiday (pro-rata) is taken within each leave year so only any personal leave entitlement over the 28 days statutory entitlement may be carried over (eg for someone with 38 days holiday, up to 10 days may be carried over). For further advice contact your HR Business Partner.

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If an employee is leaving the employment of the University any accrued, untaken holiday or lieu time should normally be taken before the last day of employment, as agreed in the contract of employment. The Head of Department has discretion to require that any accrued, untaken leave is taken during the notice period. This may be particularly relevant if the post is on limited, external funding.

Exceptionally, if an employee has not taken their full holiday entitlement at the time of leaving, accrued, untaken holiday may be paid in lieu, calculated in proportion to the period already worked during the leave year less the value of any days of holiday already taken. The holiday calculator has a part-year calculation tab to assist departments with this calculation.

If an employee has taken more than their full holiday entitlement at the time of leaving, calculated in proportion to the period already worked during the leave year, then (provided the employee's contract of employment explicitly allows this, which will not be the case for contracts issued before 1 August 2005) the University may deduct an appropriate sum from the employee's final payment. Alternatively, by mutual agreement, it may be agreed that the employee will work some or all of these days at a later date without further pay.

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Departments may only pay staff in lieu of accrued, untaken holiday if they are leaving the University’s employment completely (ie receiving a P45). When an employee moves to a new appointment in another University department and continuity of employment is maintained, holiday cannot be paid in lieu and it is important for all parties to agree how any outstanding holiday entitlement should be managed.

Where there is no break in continuity of service and the underlying employer remains the Chancellor, Masters and Scholars of the University one of the following options should be applied:

  • Either department may require that any outstanding holiday entitlement is used before the end of the notice period in the employee’s current role. This might apply for example if the new department is operationally unable to accommodate the carry-over, or if the old department has an operational requirement for the leave to be taken.
  • By agreement of all parties the leave balance can be transferred to the new employing department. Departments may need to come to an arrangement about any costs associated with this.

In circumstances where the individual has taken more holiday than they have accrued at the point of transfer, there will need to be discussion between the individual and the two departments about how to manage this.  The options are:

  • the new department could ‘reimburse’ the costs of the leave which has been taken over and above the amount accrued to date, and the individual’s leave balance for the remainder of the holiday year would be adjusted down accordingly; or
  • the individual could ask for the holiday over and above the amount accrued to date to be reclassified as unpaid leave, and for the costs of this to be deducted from their final pay from the department they are leaving; or
  • where the leave was granted in relation to exceptional personal circumstances, departments have discretion to write off the extra days (essentially treating them as special paid leave, rather than annual leave). In this case the new department should do a new part-year holiday calculation ignoring the extra days taken.

If you are participating in the pilot to record annual leave and sickness information in HR Self-Service, please visit the dedicated Staff Gateway page for guidance or contact your HR administrator.

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