Am I entitled to any holidays if leaving the company in January?

juwika

Hello,

I've been working on a company for two years now and my annual leave is 23 days.

I'm planning to leave the company in January and because I need to give one month notice before leaving, I would like to know if I can deduct those 23 days from the notice period? Or because I'm leaving in the beginning of the year, I'm only entitled for the days corresponding to January?

Thanks

Tzardine

It depends when your holiday year starts. Is it January - December or April - March.

If it starts in January and you leave in January you will be owed a few hours or a day , depending on your finish date.

Most employers will not let you use this time as your notice but you should be paid for any holiday accrued when you leave.

smcgiff

You need to offer to take the holidays owed for this year between now and the end of the year if your contract states holidays must be used up within the year.

If not any untaken holidays (including time worked next Jan) would be paid to you in wages at leaving date. This is the only time unused holidays can be paid.

juwika

My holiday year is from jan-dec and for the current year I have no more days to use.

So my doubt was, if I leave in january am I entitled again to the 23 days (corresponding to year 2015) or just the days corresponding to the days worked in january.

But from the answers above it seems I'm only entitled for the january days. This means if I take 3 weeks of holidays and leave, for example, in february I would have to pay the company when leaving?

Thanks

Doom

Holidays are pro-rata to the amount of days worked. If you worked all of January 2015 you probably will be entitled to 1.5 days approx.
Take anymore holidays than that and the company will be entitled to deduct the cost from your last pay packet.

smcgiff

juwika wrote: »

My holiday year is from jan-dec and for the current year I have no more days to use.

So my doubt was, if I leave in january am I entitled again to the 23 days (corresponding to year 2015) or just the days corresponding to the days worked in january.

But from the answers above it seems I'm only entitled for the january days. This means if I take 3 weeks of holidays and leave, for example, in february I would have to pay the company when leaving?

Thanks

Yes, you're only entitled to pro-rata - approx 1.91 days per month in your case.

I dont see how you'd manage to swing 3 weeks holiday at the start of the year and hand your notice in to leave Jan/early Feb.

Company 100% entitled to claw back over taken holidays from final pay cheque.

tinkerbell

Why do you think you'd be entitled to 23 days for only working a month in the year?! 23 days is assuming you work a full year.

As the others have said if you leave and have taken more than your accrued entitlement, the company will deduct from your final pay.