Can I get self-employed holiday pay? (2024)

One of the drawbacks of being self-employed is the lack of employee benefits, like sick pay and holiday pay. This leads to many small business owners working long hours and not taking regular time off.

But depending on your employment status, you might actually be able to get self-employed holiday entitlement.

Some self-employed people, including contractors and freelancers, could be entitled to self-employed holiday pay if they’re classed as workers or employees. They might be a worker or an employee if they have a contract to do work personally, or work through an agency or umbrella company.

It's important to take time off regardeless of whether you can access holiday pay. Read on for an overview of the process as well as our tips for managing time off when you run your own business.

The benefits of self-employed holiday pay

Our recent survey of over 700 small business owners has revealed that one in three are feeling the effects of burnout. This is no surprise when one third are working more than 46 hours a week – 10 hours more than the average UK worker.

An overwhelming 73 per cent of small business owners report taking fewer than 20 days of holiday a year. But taking regular time off is important for your health and wellbeing – especially when it comes to managing stress levels.

Are the self-employed entitled to holiday pay?

It depends on the way you work and the type of contract you have with the people you work for.

A huge benefit of being self-employed is freedom – the ability to choose who to work for and when to work. If you work in this way, genuinely running your operation as a business, it’s likely that you’re classed as self-employed legally, too. You’ll have very few employment rights, which means no holiday entitlement.

But some contractors and freelancers might actually be classed as workers or employees depending on their contract and the way they work. In these cases, they’re entitled to holiday pay.

Workers – unlike self-employed people who are contracted to provide services for a customer or client, workers are people contracted to do work personally for a company. Workers can include casual workers, agency workers and some freelance workers. The contract will determine employment status. Workers get holiday pay.

Employees – while someone who thinks of themselves as self-employed isn’t likely to be an employee in the traditional sense, they might offer their services through an agency or umbrella company. In that case, they’re an employee of the agency or umbrella company and can get self-employed holiday pay (funded out of the contractor’s pay in the case of umbrella companies and fees in the case of agencies).

What’s my employment status?

It’s important to know your employment status to understand whether you get holiday entitlement.

Our guide to employment status has more information about the differences between workers, employees, and the self-employed.

Self-employed holiday entitlement: what do I get?

You’ve looked at your contract and the way you work and you think you have self-employed holiday pay rights. So, what are you entitled to?

Workers and employees get a minimum of 5.6 weeks' holiday entitlement. This means most people who work five days a week should get at least 28 days paid leave (this can include bank holidays).

But calculating self-employed holiday pay isn’t straightforward. It’s based on the hours you work and how you’re paid for the hours. For some workers with no fixed hours, holiday pay will be worked out using the worker’s average pay from the previous 52 weeks (only counting weeks in which they were paid).

Agencies and umbrella companies will also calculate holiday pay at 12.07 per cent of your hourly rate. This figure is based on 5.6 weeks (the holiday entitlement) divided by the weeks left over in the year (which is 46.4).

Holiday pay will be clearly noted on your payslip and you’ll receive holiday pay either when you take time off or on a ‘rolled up’ basis, which means weekly or monthly in your pay.

You can find a holiday pay calculator at gov.uk.

How can I take a self-employed holiday?

If you’re classed as self-employed, going on holiday means that you need to put your business out of your mind while you enjoy yourself. This can be worrying – especially if you don’t have other people working for you and you won’t have any money coming in.

A survey we ran in 2019 revealed that nearly one in 10 business owners hadn’t taken a holiday in five years, but taking breaks can help you manage stress.

So, how can you take a self-employed holiday without worrying about work?

Keep money aside – saving can be difficult, especially if you don’t have a regular income. But keeping a pot of money aside for holidays can help you feel more secure when you decide to take one. Otherwise, is there extra work you can take on before your holiday to build a safety net quickly?

Prepare – blocking out time away in advance will help you plan work around your holiday, giving you enough opportunity to let customers and clients know that you’ll be away. You can get important work done before your holiday and de-prioritise other work, picking it up when you get back.

Monitor work while you’re off – even though you’re away, you might not be able to escape work completely. If it gives you peace of mind, spend time each day on phone calls and emails before enjoying yourself – but don’t let 30 minutes become three hours!

Give a thorough handover – if you have employees, make sure they know what to watch out for while you’re off. Otherwise, you might want to bring someone in specifically to keep work ticking over for customers and clients.

When was the last time you took a holiday? Let us know in the comments below.

More guides for small business owners

  • Self-employed pensions – what you need to know

  • What's the difference between a sole trader and a limited company?

  • Self-employed mortgage: how to get a mortgage when self-employed

  • What type of business insurance do I need?

Can I get self-employed holiday pay? (2024)

FAQs

Can I get self-employed holiday pay? ›

They can't. Employees are paid holiday pay by their employer. Freelancers are self-employed so they don't have an employer to pay them holiday pay. If they want a holiday, they have to save up so they can afford to take time off.

What is the federal rule on holiday pay? ›

California law does not require employers to provide you paid days off for holidays or to give you overtime/premium pay (“holiday pay”) for working on holidays. There are also no legal requirements that a business: close on a holiday, give you a day off for a holiday, or.

Do contractors get holiday pay in the US? ›

As a result, independent contractors generally receive the compensation and benefits outlined in their Independent Contractor Agreement. This usually does not include paid time off, or holiday pay.

How is holiday pay calculated? ›

To work out how much holiday pay you should be paid, you should work out your average weekly pay over the last 52 weeks. Add together your pay for the previous 52 weeks - including any overtime, commission or bonuses you got during that time.

Do you get paid for the holiday if you call in sick the day before? ›

An employee on vacation before or after the holiday receives holiday pay. An employee who is sick the day before or after the holiday (or both) receives holiday pay only if a doctor's excuse is provided.

What is an example of holiday pay? ›

If they logged 6 hours and their hourly wage was $15 per hour, their holiday pay would be 6 hours (hours worked) x $15/hour (hourly wage) = $90. Here, the employee would get paid as normal for working on a holiday. So, for working 6 hours on the holiday, they'd receive $90.

How do holidays work if you work 4 10 hour days? ›

If a staff member is working a compressed work schedule with four ten-hour workdays, a holiday or single PTO day applies to eight of the ten hours of the compressed work day. The following principles are easy to apply to weekly-paid staff positions on compressed schedules.

What independent contractor means? ›

The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. If you are an independent contractor, then you are self-employed.

How many paid holidays do most companies give? ›

Most companies give employees at least six paid holidays a year. The most common are Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and New Year's Day.

How much is Amazon holiday pay? ›

You earn 1.5 your hourly rate if you actually work on the holiday. On top of that you also earn holiday pay, which is either 6 or 8 hours depending on your schedule that is paid at your regular rate. Christmas, Thanksgiving, fourth of July, Labor and Memorial Day, New Years.

How do you calculate overtime and holiday pay? ›

The regular overtime pay rate, time and a half, is usually based on a 40-hour workweek. This means that any hours worked over 40 are counted as overtime and are paid out at 1.5x the regular pay rate, but during a paid holiday any hours worked on that day automatically get paid out as overtime.

What does holiday uplift mean? ›

OR. Pay rolled-up holiday pay. This is paid as an uplift of 12.07% to the worker's pay for work done in each pay period. This is a simpler calculation than if holiday pay were being paid at the time holiday is taken. Workers must be allowed to take their holiday, but will not be paid at the time they take it.

Can I call in sick on holiday? ›

The employer cannot ask for a doctor's note and cannot discipline the employee for violating the employer's policy prohibiting employees from calling out sick the day before or after a holiday.

Should I call in sick the day of or day before? ›

You should ask for sick leave as soon as you know you need it. For example, you could notify your team several weeks in advance if you've had surgery scheduled. Or, in cases where you can feel the flu coming a day before it starts, you can call in sick as a precautionary measure.

Do you have to call in sick each day? ›

For example, when an employee is first off sick, depending on their reason for absence, contact once a day is likely to be deemed reasonable. This allows employers to check in on the employee and get an update on how they are.

Is it illegal to not get paid on a federal holiday? ›

The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations or holidays (federal or otherwise). These benefits are generally a matter of agreement between an employer and an employee (or the employee's representative).

What is time and a half pay? ›

Time and a Half Rate = Hourly Rate x 1.5. Assume an employee earns $20 hourly during a 40-hour work week. Their time and a half pay would be $20 x 1.5 for a total of $30 an hour.

How do you calculate holiday overtime pay? ›

The regular overtime pay rate, time and a half, is usually based on a 40-hour workweek. This means that any hours worked over 40 are counted as overtime and are paid out at 1.5x the regular pay rate, but during a paid holiday any hours worked on that day automatically get paid out as overtime.

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