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Leaving a job owing employer annual leave

  • 24-07-2012 9:52pm
    #1
    LegacyUser
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭


    Hi,

    as the title suggests I'm thinking of leaving my current job. The problem is that I owe them annual leave, owing to family issues I ended up taking more leave than I was entitled to over the last couple of years. I'd like to come to an amicable solution with my employers so that neither of us are left feeling hard done by. Has anyone ever been in this situation before, as either an employer or employee and what agreement did you reach to resolve the issue.

    Thanks.


Comments

  • #2
    Bandana boy
    Registered Users, Registered Users 2 Posts: 4,337 ✭✭✭Bandana boy


    Usually whatever days you owe them will be taken from your last paycheck.
    If you owe more days than your notice period then strictly speaking you would owe them a check for the difference.
    I know of one case where a person left with no notice having taken a whole years holidays. The company took him to court for the 15 days pay owed, they won and got awarded costs of €8K on top as well.
    If you talk it out with them I am sure an arrangement can be made, but I believe the law would side with them if they insisted that the full amount owed gets repaid


  • #3
    tatli_lokma
    Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    as Bandana boy says, leave owed to them would be deducted from your last pay cheque. if you are only thinking of leaving, then why now sit down and actually work out dates where the least amount will be owed. For example, if you get 20 days leave and have taken all your leave by now, July, then you will owe them 8.3 days leave. Then decide upon your notice period based on making sure you have enough money in your last pay cheque to cover this - so in other words you would need to work a minimum of 8.3 working days notice to break even.

    To start, why not ask your payroll or HR person what your AL balance is as of the end of this month - then you can see what the company believes you owe and compare it to what you believe you owe.

    You say you have been doing this for the last couple of years??? I can't believe an employer would allow this on an ongoing basis, purely for the reason of it getting messy when someone leaves. An alternative should have been considered - Force Majeure, leave without pay etc, rather than let things snowball.


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