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Can I Take Holiday During My Notice Period? UK Rules (2026)

Absenca Team 7 min read

Yes: you can ask for holiday during your notice period, and it keeps accruing until your last day, but your employer can refuse the dates or make you use it up if they give the notice regulation 15 requires. Anything untaken is paid in your final pay.

Pending approvals queue with approve and reject buttons for leave requests

Yes. In the UK you can usually take holiday during your notice period, because you are still employed and your statutory holiday keeps building up until your last day. But your employer can refuse the dates, or make you take your remaining holiday, as long as they give the notice the Working Time Regulations require. Whatever is still untaken when you leave is paid out in your final pay.

This guide covers England, Wales and Scotland as of 2026. It is written for people who have just resigned and for the HR people handling their exit.

Can I take holiday during my notice period?

You can ask, like any other holiday. GOV.UK says that "during their notice period the worker may be able to take whatever is left of their statutory annual leave", and Acas adds that this depends on whether you can give the right amount of notice and whether your employer agrees.

The normal booking rules still apply. Under regulation 15 of the Working Time Regulations 1998, a worker's request must be made at least twice as many days in advance as the leave asked for. GOV.UK's guidance counts one extra day on top, for example "3 days' notice for 1 day's leave", so give a little more than double to be safe. Your contract can set different notice rules, and if it does, the contract applies.

Does holiday still build up during notice?

Yes. You are an employee until your termination date, including on garden leave: Acas says "the employee is still employed during garden leave, even though they're not working." Your statutory entitlement is worked out on how much of the leave year has passed by the day you leave, so the weeks of your notice count.

A worked example, using the statutory minimum of 28 days for a five-day week and a January to December leave year:

Days
Statutory entitlement for the year 28
Leaving date 30 June (half the leave year)
Accrued by the leaving date 14
Already taken 8
Left to take or be paid 6

Irregular-hours and part-year workers accrue differently, based on hours worked; see our guide to pro-rata holiday entitlement or the annual leave calculator.

Can my employer refuse holiday during my notice period?

Yes. Acas says "an employer can refuse or cancel holiday", but they "must let the worker know beforehand by at least the same amount of time as the amount they requested", and "should have a good business reason". Regulation 15 sets that counter-notice at no fewer days than the leave refused. So a five-day request can be refused with five days' notice (GOV.UK's guidance says six, counting the extra day).

Handover is a common reason in a notice period. If your request is refused, the untaken days are not lost: they are paid in your final pay. More on refusals in Can my employer refuse my holiday request?

Can my employer make me take holiday during my notice period?

Yes. Acas says that "the employer might ask the worker to take the holiday before they leave". Under regulation 15(2), an employer can require a worker to take leave on particular days, by giving notice at least twice as many days in advance as the leave. To make you use up five days, they must tell you at least ten days before the first of them.

Two practical consequences:

  • Short notice periods may be too short. With a one-week notice period, there is not enough time to order you to take a week of leave inside it, unless your contract has its own rule.
  • The contract can change the notice. Regulation 15(5) lets a "relevant agreement" vary these rules, so check your contract or handbook first.

The same mechanism is behind enforced shutdowns; see Can my employer make me take holiday?

Can I use holiday to shorten my notice period?

Not on your own. Holiday taken during notice runs alongside the notice; it does not end your employment sooner. Your leaving date stays the same, and you are paid holiday pay for those days.

What you can do is ask to leave early. Acas says "the employee can ask if they can leave before their notice period ends" and "should get agreement from their employer in writing". Without agreement you could be in breach of contract, and "if the employee leaves early, the employer only has to pay them for the time that they've worked". Some employers will agree to bring the leaving date forward in exchange for the untaken holiday. That is a deal between you and them, not a right, so get it in writing.

Does garden leave use up my holiday?

Not automatically. Garden leave is when "your employer may ask you not to come into work, or to work at home or another location during your notice period", and you get "the same pay and contractual benefits". You are still employed, so holiday keeps accruing.

If your employer wants garden leave to also use up your holiday, they need to require specific holiday days under regulation 15, with the notice described above.

What happens to holiday I haven't taken when I leave?

It is paid. "Employers must pay workers 'in lieu' for any untaken statutory holiday entitlement they've accrued when they leave", says Acas, and GOV.UK adds this applies "even if the worker is dismissed for gross misconduct". Payment instead of statutory leave is only allowed when you leave the job.

If you have taken more than you accrued, your employer can only deduct it from your final pay if that was agreed in the contract or in writing beforehand. Holiday above the statutory 5.6 weeks follows your contract. For the detail, including other countries, read Paid for unused holiday when leaving a job?

Notice rules at a glance

Situation Who gives notice Minimum notice (reg 15, unless the contract says otherwise)
You book holiday You Twice the length of the leave
Employer refuses or cancels Employer As long as the leave
Employer makes you take holiday Employer Twice the length of the leave
You resign after more than a month You At least one week, or your contract's period

For HR: keep the numbers visible

Most notice-period disputes come down to two numbers: how much holiday has been taken and how much has been accrued by the leaving date. In Absenca, each person's balance, accrual and approved requests sit in one place, with approval requests waiting in a queue, so the figure for final pay is not rebuilt from emails. The free plan covers teams of up to 10 people. Absenca does not calculate pay; payroll still works out the payment in lieu.

FAQ

Can I book holiday after handing in my notice?

Yes. Treat it like any holiday request and give at least twice as many days' notice as the leave you want. Your employer can still refuse with notice as long as the leave.

Can my employer force me to use my holiday during my notice?

Yes, if they give you at least twice as many days' notice as the holiday they want you to take, or whatever your contract says.

Does holiday count towards my notice period?

Holiday runs at the same time as your notice; your notice keeps running while you are off. It does not move your leaving date unless your employer agrees in writing.

Do I still accrue holiday on garden leave?

Yes. You are still employed on garden leave, so statutory holiday keeps building up until your last day.

Will I be paid for holiday I don't take before I leave?

Yes, for accrued statutory holiday, even after a dismissal for gross misconduct. Contractual holiday above 5.6 weeks depends on your contract.

Rules vary, and contracts can change the notice rules; check the official source on GOV.UK for your situation.