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holiday pay

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  • 13-08-2014 8:17am
    #1
    harr
    Registered Users Posts: 4,478 ✭✭✭


    Hi
    My sister is leaving her part time job in a few weeks.During the year she was out sick for a number of weeks. As she had all her holiday days' used her boss gave her an extra weeks holiday under the condition that the hours would be worked back in she had worked about 4 hours of that extra week uptill now.
    She works 25 hours a week so she still has over 20 hours to pay back..As she is now leaving the job her boss said he will be deducting the remaining 20 hours from her final pay packet.
    I think her boss is entitled to do this but she is going mad and claming he had no right to make any deductions from her final pay pack.
    Who is in the right in this situation?


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    #2
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,260 CMod ✭✭✭✭Nody


    Why would her holidays be used if she's out sick? Anyway; the boss is correct as she used holidays not available to her (i.e. she owes the company) but it's a big of a muddy water as it's not the normal holidays she's owing but additional once.


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    #3
    harr
    Registered Users Posts: 4,478 ✭✭✭harr


    Nody wrote: »
    Why would her holidays be used if she's out sick? Anyway; the boss is correct as she used holidays not available to her (i.e. she owes the company) but it's a big of a muddy water as it's not the normal holidays she's owing but additional once.
    I think the reason for the additional weeks holiday was the fact that she does not get sick pay so the boss allowed her take one of the sick weeks as holiday so she would not be out of pocket to much.


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    #4
    Mrs OBumble
    Registered Users Posts: 25,667 ✭✭✭✭Mrs OBumble


    The boss did not give her extra holidays. S/he just let your sister use some of "next years" leave entitlement early.

    And it's totally normal that if you get holidays in advance of having earned then, then you have to pay 'em back if you leave. The same way that if you have an outstanding leave balance when you leave, you will be paid out for that, too.


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    #5
    harr
    Registered Users Posts: 4,478 ✭✭✭harr


    Mrs OBumble wrote: »
    The boss did not give her extra holidays. S/he just let your sister use some of "next years" leave entitlement early.

    And it's totally normal that if you get holidays in advance of having earned then, then you have to pay 'em back if you leave. The same way that if you have an outstanding leave balance when you leave, you will be paid out for that, too.
    Yep she was happy enough to take the week at the time but as I said to her the boss is hardly likely to let her leave with her owing the guts of 200 quid.
    She just checked her contract and it does state that the money will be taken out of last pay packet.
    I did not think that any business with part staff would let an employee take a weeks holiday from next years allocation.


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    #6
    leeroybrown
    Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    It's simple. Her boss did her a favour by letting take extra holidays (rather than go unpaid) and work back the time in lieu. It's the same as leaving half way through the year when you've already used all your leave entitlement - you owe it back. He sounds like a nice employer and someone needs to give your sister a kick in the backside and remind her that she's totally in the wrong. If she turned this into an incident the next person who genuinely needs a favour mightn't be so lucky.


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    #7
    harr
    Registered Users Posts: 4,478 ✭✭✭harr


    leeroybrown wrote: »
    It's simple. Her boss did her a favour by letting take extra holidays (rather than go unpaid) and work back the time in lieu. It's the same as leaving half way through the year when you've already used all your leave entitlement - you owe it back. He sounds like a nice employer and someone needs to give your sister a kick in the backside and remind her that she's totally in the wrong. If she turned this into an incident the next person who genuinely needs a favour mightn't be so lucky.
    Totally agree,I have told her to keep her mouth shut regarding bad mouthing about the boss to the other staff.
    She's the kind who is always pushing things to see how much she can get away with.
    She has a lot growing up to do and am a bit worried as to how she will fair in her new full time job.


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    #8
    tenifan
    Closed Accounts Posts: 523 ✭✭✭tenifan


    harr wrote: »
    She works 25 hours a week so she still has over 20 hours to pay back..As she is now leaving the job her boss said he will be deducting the remaining 20 hours from her final pay packet.

    It's not really a deduction .. out of her final 25 hours, she was already paid for 20 of them.


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