Difference between statutory and additional annual leave.

30-04-2015

As an employee, you are entitled to a statutory number of annual leave days. These are the statutory annual leave days. Annual leave can also be taken in hours. Your salary is paid during your holiday.
You may accrue more annual leave days than the statutory number. These are additional annual leave hours. Your CLA or employment contract may contain agreements about this.

When do annual leave days expire?
Since 1 January 2012, annual leave days that you do not take expire six months after the end of the calendar year. Statutory annual leave days accrued in 2014 therefore expire on 1 July 2015. Annual leave days saved before 1 January 2012 can be kept for 5 years.

Statutory annual leave days do not expire after six months if you were unable to take them on time. For example, if your employer made it impossible to take a holiday. In such cases, a limitation period of 5 years applies.

The six-month expiry period also does not apply to additional annual leave days. Additional days expire 5 years after the end of the calendar year.

CLA provision
If the CLA hospitality applies to you, you accrue 0.096 hours of holiday per hour (for which you are entitled to pay) (article 3.19 CLA hospitality). This accrual consists partly of statutory annual leave hours and partly of additional annual leave hours:

- per hour worked, you accrue 0.0768 hours of statutory annual leave;

- per hour worked, you also accrue 0.0192 hours of additional annual leave.

If you work full-time, you accrue 190 holiday hours per year (38 hours per week x 52 weeks per year x 0.096 hours per hour worked). With a five-day working week, this corresponds to 25 annual leave days. Per day, this amounts to (38 hours per week / 5 days) 7.6 hours.

Note: Since 1 April 2014, there is no CLA hospitality. This may have implications for your employment situation. If you are not covered by a CLA or company scheme, you generally only accrue statutory annual leave hours unless you have made a different agreement with your employer.