Can you lose annual leave?

25-06-2021

Every employee is entitled to annual leave. Although many take their holiday each year, it can happen that you are unable to take all your days within a year. Regardless of the reason, annual leave cannot be saved indefinitely or remain valid forever. Unused leave will expire. Therefore, it is important to take your annual leave on time.

Statutory annual leave  

Statutory annual leave is the leave that every employee is entitled to by law. The amount is four times the agreed working hours per week. For a full-time contract (five working days per week), this equates to four weeks of holiday (4 x 5 days = 20 days).

You must take statutory annual leave within six months after the calendar year in which it was accrued; otherwise, it will expire. The statutory annual leave you receive in a year must be taken by 1 July of the following year. If you do not do this, it may expire. Your employer does have a duty to inform you. Your employer must inform you precisely and in a timely manner about the expiry of your annual leave. What is considered timely will vary depending on the situation, but you must have the opportunity to take the days. Note: if you are ill and/or have reintegration obligations, you can still take holiday.

Do you have many days left from last year? Try to request a written extension of the expiry period of the statutory annual leave before 1 July of the following year. For example, because your employer repeatedly denied your holiday requests or because you plan to take the days soon for a planned holiday. Always request a written response to your request.

Non-statutory annual leave

Non-statutory annual leave is the leave you are entitled to based on the CLA. In the CLA for (day) recreation and swimming pools, this involves an extra week of holiday (for a full-time contract based on a five-day working week).

Non-statutory annual leave expires five years after the calendar year in which it was accrued. If you still have non-statutory annual leave, you must take these hours within five years. Otherwise, they will expire.

If you do not know exactly how many days you have left, you can inquire with your employer. Request an overview of the statutory and non-statutory annual leave. The number of annual leave days is often also found on your payslip under the heading 'cumulatives'. When you request holiday, you can ask your employer to deduct the leave days that will expire first. In principle, the employer should also implement this themselves.