Statutory annual leave: the 5.6 weeks explained
Almost every UK worker is entitled to 5.6 weeks of paid annual leave a year. That is 28 days for someone working five days a week — and it is a maximum statutory figure, not a target an employer can round down.
How the 5.6 weeks is made up
The entitlement comes from the Working Time Regulations 1998. It is 5.6 times your normal working week, capped at 28 days. The cap applies to the total, not to each part.
| Days worked per week | Statutory annual leave |
|---|---|
| 5 days | 28 days |
| 4 days | 22.4 days |
| 3 days | 16.8 days |
| 2 days | 11.2 days |
| 1 day | 5.6 days |
Part days are real. An employer cannot round 22.4 down to 22, and cannot require you to take leave in whole days if that would leave part of the entitlement unusable.
The 28-day cap and the 1.6 weeks
The 5.6 weeks splits into two parts: 4 weeks from regulation 13, and an additional 1.6 weeks from regulation 13A. The first 4 weeks carry stronger rights — they cannot be replaced by a payment in lieu except when employment ends, and they continue to accrue during sick leave. The additional 1.6 weeks can be varied by agreement in some circumstances. Knowing which part you are using matters when leave is refused or carried over.
Irregular hours and part-year workers
If your hours vary, entitlement is usually calculated at 12.07% of hours worked — the pro-rata equivalent of 5.6 weeks in a 46.4-week working year. For part-year workers, the holiday entitlement is based on the hours actually worked over the previous 52 weeks rather than a fixed weekly figure.
Worked example: someone who worked 800 hours in the previous 52 weeks has an entitlement of 800 × 12.07% = 96.56 hours of leave.
Holiday pay, not just holiday days
Statutory annual leave must be paid at your normal rate — the pay you would have received had you worked. Regular overtime, commission and allowances that are normally paid can form part of "normal" pay. Rolled-up holiday pay, where a percentage is added to every payslip instead of paying when leave is taken, is permitted for irregular-hours and part-year workers only, and must be at least 12.07%.
What this page does not cover
Contractual leave above 5.6 weeks, notice periods and termination are separate questions. Use the holiday entitlement calculator for your own hours, or read the apprentice guide if the worker is under 18 or on an apprenticeship.
FAQs
Is 28 days the legal minimum or the maximum?
Both, in a sense: 5.6 weeks is the minimum entitlement, and 28 days is the maximum statutory requirement. An employer can offer more but is not obliged to.
Does bank holiday count towards 28 days?
Yes, unless the contract says otherwise. The 28 days includes the eight usual bank holidays in England and Wales.
Can my employer pay me instead of giving leave?
Only when employment ends. Payment in lieu of the first 4 weeks is otherwise unlawful; rolled-up pay applies only to irregular-hours and part-year workers.
Do I accrue leave while on sick leave?
Yes. Statutory annual leave continues to accrue during sick leave, and can be taken later.
Review and sources
Reviewed against the Working Time Regulations 1998 (regulations 13, 13A and 16), GOV.UK guidance on holiday entitlement, and Acas guidance on holiday pay. Last reviewed: November 2026.