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Notice Period and Holiday Pay

  • 15-02-2013 12:44pm
    #1
    Skybox
    Registered Users, Registered Users 2 Posts: 109 ✭✭


    Don't know if this has been covered before. I have just handed in my notice at work but don't expect to work all of my notice. It's almost company practice to pay people for their notice and let them leave at the end of whatever week they have given notice. My question is am I still entitled to be paid for unused holidays up to the time of my notice?


Comments

  • #2
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,375 CMod ✭✭✭✭Nody


    Yes; the actually accrued holidays (so using 20 days a year you'd have accrued 1.67 days per month worked for example).


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


    up to the time of your notice, but not any leave accrued while on 'gardening leave' AFAIK. So basically all leave you accrue up to the last actual day you work, and then for the period of notice they are allowing you to go early on, then you wouldn't accrue leave on these weeks/months.


  • #4
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,375 CMod ✭✭✭✭Nody


    Little Ted wrote: »
    up to the time of your notice, but not any leave accrued while on 'gardening leave' AFAIK. So basically all leave you accrue up to the last actual day you work, and then for the period of notice they are allowing you to go early on, then you wouldn't accrue leave on these weeks/months.
    As far as I know it would include and accrue on gardening leave beacuse it's the company that asks you to leave early; not you.


  • #5
    tatli_lokma
    Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    i think it might be open to negotiation, as AL is only accrued on hours actually worked.
    citizensinformation.ie wrote:
    Annual leave and leaving employment

    It is illegal under the Organisation of Working Time Act, 1997 for an employer to pay an allowance in lieu of the minimum statutory holiday entitlement of an employee unless the employment relationship is terminated. In general, your annual leave is calculated on the basis of hours worked.

    My reading of this is that as the relationship is now terminated, you can make an agreement with your employer to leave in lieu of notice (gardening leave) but I don't think there is any obligation upon them to allow you to accrue leave during this period.

    In any payroll I have done in situations of gardening leave, the employee is due to leave in say 1 month, but by agreement finishes at the end of the week. They will be paid for the month, but actually cease to be employed on their last working day. That is the date I put on their P45, not the date they would have left had they worked out their notice. So in such cases, they only get AL up to the actual last day physically in work.


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