Didn't get paid for holiday day

lizzie92

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harr

lizzie92 wrote: »

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First off what did they say when you asked them about it ? It could be just an oversight..not sure of the actual day's needed to accumulate holiday entitlements.

CIARAN_BOYLE

lizzie92 wrote: »

Hi guys, I started working for this company in February and I was moving out recently so I took one holiday day to get everything sorted. I just noticed that I wasn't paid for that holiday day even though it's marked as "holiday" on my rota. Is that legal?

Also, I booked two weeks of holiday in June and I'm now wondering if they're going to be paid, do I not qualify for payment because I only started in February? Is there a number of hours/days worked required to have your holidays paid?

Thanks in advance!

What does your contract say about holiday time. Are you only part time? If so you are only entitled to 8% of hours worked as leave. Have you worked enough to earn up a days holiday?

lizzie92

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davo10

If you work 5 days per week you accrue 1.66 holiday days per month to make up 20 days per callender year. If you started in February then you may only have 18 days to take between now and December 31st. You will not have accrued 11 holiday days (including the one you have already taken) by June so you will not be paid for the full 2 weeks in June. Also, check your contract, you may be required to hold some holiday leave for certain periods e.g. If company closes at certain times like between Christmas and new year.

The holiday day you took may just be an oversight in payroll, just ask them about it.

dev100

lizzie92 wrote:

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So you lost a days pay in or weeks wage or monthly wage ?

lizzie92

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lizzie92

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davo10

Paid holiday leave is accrued based on time worked, not on time which will be worked in future. So if you have been there one month, you will have accrued 1.66 days of paid leave, so yes you should be paid if you have accrued more than 1 day of leave by the time you took the day off.

If you take 10 days holiday in June, in addition to the one day you have already taken, you will only be paid for the amount of leave you have accrued by June which is approximately 3.5 (months) X 1.66 = 5.8 days less the one day taken so you would be paid for roughly 4.8 days of the two weeks you take off.

These are approximate figures and would depend on the exact date you started and how late in June you are taking holidays.

lizzie92

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davo10

lizzie92 wrote: »

Thank you for your explanation, it makes sense now. I started on the 6/02 and I am taking my 10 days off from 5/06 till 18/06.

In that case you have 4 x 1.66 - 1 = 5.66 days you will be paid during your 2 weeks off.

Just as a matter of interest, did your employer agree to let you take the day off and the 2 weeks off in June? Holiday leave dates are at the discretion of your employer and are based on business needs.

lizzie92

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davo10

It has nothing to do with your contract, it's a statutory entitlement for all employees. But you have no entitlement to be paid for leave over and above that which you have accrued up to the date of your leave.

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/annual_leave_public_holidays.html

jimmycrackcorm

lizzie92 wrote: »

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You get paid for your holiday entitlements. The most likely scenario is human error

lizzie92

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davo10

lizzie92 wrote: »

But I still need to have enough hours worked in order to get paid for those two weeks in June?

To get paid for the full two weeks, yes, but you will not have worked enough days, you would have to have worked 6.6 months to receive 11 days annual leave pay, that would take until the end of August.

lizzie92

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davo10

lizzie92 wrote: »

So let's say they only paid me for these 5.66 days for June holidays. Once I'm back to work, I start accruing new paid holiday days monthly, is that correct? And if I use up 11 days by then (1 day last week + 10 days in June) it means I will only have 7 days left to use up? (18 days in total)

I'm sorry if this is getting annoying, I'm just really confused now

If they don't pay you, the unpaid days are classed as unpaid leave and you can take paid leave at another time. If you are a good employee and they think you are going to stay long term, they may pay you for the full 2 weeks so that you don't take more paid days off at another time. If they do pay you, and you leave the job before you have accrued the leave they have paid you for, they will deduct the leave overpayment form your last pay check.

You really need to read the link I posted above, it explains clearly how leave is accrued, calculated and paid.

TimeToShine

I thought most companies would have let you take leave without having it worked up? For instance if someone is in a job a few months then takes 15 of his 20 days leave he/she would be paid for it and then only have 5 days left for the year. If he/she leaves early it will be deducted from their final paycheck.

davo10

TimeToShine wrote: »

I thought most companies would have let you take leave without having it worked up? For instance if someone is in a job a few months then takes 15 of his 20 days leave he/she would be paid for it and then only have 5 days left for the year. If he/she leaves early it will be deducted from their final paycheck.

Depends on company policy, time in job and on employee. Taking over half your days in first couple of months might not appeal to some employers. But anyways, there are two ways this can go, the employer can show goodwill or they can point to the legislation which applies, but there is no entitlement to holiday pay which has not yet been accrued.

lizzie92

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bee06

lizzie92 wrote: »

I already had a look at the link you sent me, I was just unsure if I understood it right. I suppose I can only wait and see if they decide to pay me in full for June. Thank you very much for all your help and advice!

Would you not just talk to them to understand what happened?

lizzie92

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Big Bag of Chips

You don't need to talk to management. You can talk to payroll. They'd know exactly what happens with regard to holiday pay.

bee06

lizzie92 wrote: »

I would but the management is very strict and I don't want them to eat my head off, they would probably say "look you signed the contract, you should know what's going to happen"... I only work in the reception and don't see the management most of the time, there's no point contacting them about it because they won't reply to your emails and god forbid you call them!...

You don't have to make a big deal of it. Just say because I'm new I just want to make sure I understand how the holidays work. Do you have a direct line manager?

ash23

It's also possible that if you're on a 6 month contract initially that they've allowed you 10 days leave (until your contract​is extended/made permanent) and when you booked the two weeks off in the Summer they allocated the 10 days to that.
Then you booked the extra day so didn't get paid as you had no annual leave balance left.
That is how it would work in my current job (especially if the leave is requested via an online system as it just goes by number of hours allowed minus hours requested regardless of the date order of the annual leave).

Really though the only way to clear it up is to speak to someone in payroll or HR and clarify it.

toadfly

Ask Payroll if you dont want to talk to your boss.

Regarding the leave in June - some companies will allow you to take leave before accrued, within reason. Where I am, they do allow it in most cases.

ted1

davo10 wrote: »

In that case you have 4 x 1.66 - 1 = 5.66 days you will be paid during your 2 weeks off.

Just as a matter of interest, did your employer agree to let you take the day off and the 2 weeks off in June? Holiday leave dates are at the discretion of your employer and are based on business needs.

It depends on the company many work holidays on a annual basis and let staff take holidays in advance of building them up

SheldonC17

I'm starting a job next week on a 6-month contract but know I will be leaving after 5 months as I will be returning to college. Will I get paid for whatever holidays I build up when I leave the job?