Holiday Entitlements

Hyzepher

Hi

I am on 1 months notice period from work and I want to know if I hand in my notice can I still take holiday days that are due to me as part of my notice period i.e. 1 months notice, 1 week due = 3 weeks to workout? Or can they make me work the full month and pay me for the holidays? I would prefer to take the time off.

rebel.ranter

Just remember you earn days holidays over the course of the year.
You do not start off with the full amount in reality>
Take the example of 22 days annual entitlement:
For 22 days a year it's 22/12 (1.83 days) earned for every month you work.
So if you worked for 6 months you would only been entitled to take 11 days leave. If you took 15 days off within the first 6 months 7 then left you would actually owe the company for the 4 days.

Assuming you have this covered there should be no reason why you shouold nopt be allowed to take your leave. Once you have given reasonable notice & have performed a decent hand over of duties, then I don't see how any employer would stop you.

Hyzepher

I suppose the question is Can they insist on me work the full term and deny my request to take holidays

BC

Yes they can insist on it. Its totally at the discretion of the employer - some will allow you to use holidays as notice, some won't.

Newaglish

They can pretty much refuse your request, but then they will have to pay you for any outstanding leave due to you.

I presume you must still accrue holidays over your notice? There'd be an extra day floating around in there methinks.

JDxtra

...or, can you book the holidays now then hand in your notice after a week or so?

leeroybrown

Newaglish wrote:

I presume you must still accrue holidays over your notice? There'd be an extra day floating around in there methinks.

Yes and you even accrue holiday pay at the usual rate while on holiday.

JDxtra wrote:

...or, can you book the holidays now then hand in your notice after a week or so?

They'd be well within your rights to tell you that you're an idiot for doing this and deny your time off.

Mrs. MacGyver

Just wondering how you can accrue holidays if you are on holidays from the company?

I thought acrued holidays were based on days actualy worked e.g. you would get an extra 8% on top of your hourly rate to cover holiday entitlements (this percentage can vary though).

leeroybrown

Mrs. MacGyver wrote:

Just wondering how you can accrue holidays if you are on holidays from the company?

It was an unusual thing I ran into once while using annual leave to shorten my notice period. I can't find a link to explain why it was the case.

Mrs. MacGyver

Thanks for the info. cheers

Wishbone Ash

Hyzepher wrote:

can they make me work the full month and pay me for the holidays?

It is illegal to pay an employee in lieu of granting annual leave. It can only be done in very exceptional circumstances such as payment to the representative of an employee who has died while being owed leave.

leeroybrown

An employee (such as the OP) leaving employment has a legal entitlement to receive payment in lieu of any leave owed to them at the point their employment is terminated.

Wishbone Ash

leeroybrown wrote:

An employee (such as the OP) leaving employment has a legal entitlement to receive payment in lieu of any leave owed to them at the point their employment is terminated.

Under my interpretation of the regulations, that is only permitted if the employment ceases suddenly and unexpectantly. If an employee is under notice, wouldn't the obligation fall on the employer to ensure that annual leave accrued is taken into account?

leeroybrown

This link (Irish Statute Book) covers the exception in the legislation.