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What's the difference between statutory and non-statutory leave?

How leave builds up and expires regarding the CAO labour

Full-time hospitality employees accrue a total of 25 vacation days per year (20 statutory and 5 non-statutory days), which comes down to an accrual of 0.096 leave hours per hour worked.

Statutory leave hours

Calculation: The statutory minimum is 4 times the agreed weekly working hours.

Accrual: According to the official CAO text, this comes down to exactly 0.0769 hours of leave accrued per hour of paid work. This is based on an annual hours norm of 1,976 hours per 12 months, averaging 38 hours per week, which equals 152 leave hours per year (4 × 38 hours).

Validity: Statutory leave hours expire 6 months after the end of the accrual year (i.e. on 1 July of the following year), unless the employee was reasonably unable to take them, for example due to illness, or because the employer effectively made it impossible to take leave.

Non-statutory leave hours

Calculation: These are the additional leave hours specifically agreed in the hospitality CAO, equal to 1 times the agreed weekly working hours.

Accrual: The CAO text confirms an accrual of 0.0192 hours per hour worked, which combined with the statutory portion adds up to the rounded total of 0.0961 hours of leave accrued per hour worked.

Validity: Non-statutory hours only expire 5 years after the end of the accrual year, so they can easily be carried over into following years.

a CAO detail worth knowing: Leave also accrues on compensation hours, specifically when public holiday compensation is settled as time-for-time, or when overtime/extra-hours compensation is settled through payment.

How Soigné handles imported data

When you import existing leave hours into Soigné (for example when switching over from another system), and this data is already delivered with a breakdown between statutory and non-statutory hours, Soigné retains that breakdown. Imported hours are therefore not treated as one lump sum, but split across the correct "buckets", so the correct expiry and carry-over rules are applied per type from that point onward.

If the import does not include a breakdown between statutory and non-statutory hours, Soigné does not split this itself, all imported hours are in that case registered as statutory leave hours for the current year. Be mindful of this when preparing your import: missing this breakdown can result in hours that are actually non-statutory (and should therefore have a longer 5-year validity) instead being treated as statutory, with a 6-month expiry.

Know your rights and obligations before letting statutory hours expire

Planning to actually apply the statutory expiry date (1 July) as an employer?

Make sure you're well informed about the rights and obligations involved, both for yourself and your employees. The statutory expiry only applies if you, as the employer, informed the employee in a timely manner, and more than once, that their hours were at risk of expiring, and the employee was genuinely given the opportunity to take them. If this didn't happen, or the employee had a valid reason for not taking the hours (for example due to illness), the statutory hours do not expire automatically under the law, even if the system displays them as expired.

Not sure whether this was applied correctly in a specific situation? Get in touch with our support team, and we'll look at the right next steps together.

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