Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Holiday Pay Accrued While Long-Term Absent Confusion

  • 30-09-2016 1:39am
    #1
    Skintwin
    Registered Users, Registered Users 2 Posts: 584 ✭✭✭


    Hi there everyone,

    Sorry for what is sure to be a long-winded post, but I'm having a bit of trouble getting my head around this and I was wondering if anyone on here has been in the same situation.

    I was long-term absent from work from February 2015 until June 2016. I returned in June and was working there until last week (I'm moving at the weekend). Although I work part-time, I am contracted for 4 weeks holiday per year. So, as far as I can tell, I am entitled to holidays accrued between August 2015 and when I returned to work (June 2016) and what has accrued since I have been back because of an amendment to the Organisation of Working Time Act. I was told before I decided to move that I had built up 'a lot' of holidays and I needed to take some. I took two weeks at the end of August/start of September and was told that I had three accrued weeks remaining. One to be taken before Christmas and two next year. I am on set hours per week contract and although my worked hours occasionally go over this amount, it's normally bang on the set hours.

    The holiday pay is calculated a little weirdly. The hours that are paid for the holiday week are the average of the previous 16 weeks. Because I ad been absent from work for some of those 16 weeks, I received 12.75 hours holiday pay for each. That I get. However, now that I have finished working there, I received my last wages from them and instead of paying me for the outstanding accrued holiday weeks, they have deducted 5.25 hours for '-holiday pay'.

    I'm quite confused by this, because according to the amendment made to the working time act last year, I have been building up holidays while out sick, and should have been paid for them once I left, because I left within 15 months of the end of the leave year (this ran April 2015-March 2016) Well, this is my understanding anyway.

    Has anyone else been in a similar situation to this and what happened/how was it resolved? I'd quite like to have all my ducks in a row and know if this has happened other people too before I call them tomorrow to ask about it, just in case I get fobbed off or something. It adds up to over €700 - quite a substantial amount! I've quoted some of the amendment, in case I've taken it up completely wrongly!

    Thanks a million!
    The amendment to the legislation was made by way of section 86(1) of the Workplace Relations Act 2015. It will have the following effects:

    Statutory annual leave entitlement accrues during a period of certified sick leave.
    An annual leave carryover period of 15 months after a leave year will apply to those employees who could not, due to illness, take annual leave during the relevant leave year or during the normal carryover period of 6 months.
    On termination of employment, payment in lieu of untaken accrued annual leave will apply to leave which was untaken as a result of illness in circumstances where the employee leaves the employment within a period of 15 months following the end of the leave year during which the statutory leave entitlement accrued.
    Tagged:


Advertisement