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annual leave-probation

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  • 03-02-2020 10:19am
    #1
    AdrianG08
    Registered Users Posts: 906 ✭✭✭


    Hypothetical question.

    Someone has been laid off whilst on probation. Company policy of 24 days annual leave. No work for this employee (no misconduct or anything of the sort) so let go at 12pm on a thursday and told will be paid in lieu of 1 week notice.

    Total tenure just under 3 weeks. 1 annual leave day taken. They are saying this day will come out of the 1 weeks notice.

    Surely the annual leave is an entitlement and should be treated separately whether on probation or not. 1 days annual leave would have accrued after 2 weeks of service?


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    #2
    monty_python
    Registered Users Posts: 1,671 ✭✭✭monty_python


    Your not entitled to annual leave until you have completed 12 months of service


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    #3
    un5byh7sqpd2x0
    Closed Accounts Posts: 1,862 ✭✭✭un5byh7sqpd2x0


    monty_python wrote: »
    Your not entitled to annual leave until you have completed 12 months of service

    Err, wha?


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    #4
    28064212
    Registered Users Posts: 10,501 ✭✭✭✭28064212


    monty_python wrote: »
    Your not entitled to annual leave until you have completed 12 months of service
    Yeah, I'm fairly sure that's not a thing. Source?

    OP, I would think you are correct, the one day of annual leave taken was as per their entitlement, and should not be taken out of the in lieu payment. I would be going back to HR/payroll and looking for clarification

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    #5
    monty_python
    Registered Users Posts: 1,671 ✭✭✭monty_python


    28064212 wrote: »
    Yeah, I'm fairly sure that's not a thing. Source?

    OP, I would think you are correct, the one day of annual leave taken was as per their entitlement, and should not be taken out of the in lieu payment. I would be going back to HR/payroll and looking for clarification

    Are you sure thats right? Did it change recently?


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    #6
    28064212
    Registered Users Posts: 10,501 ✭✭✭✭28064212


    monty_python wrote: »
    Are you sure thats right? Did it change recently?
    Not that I'm aware of. Why do you think it is the case? If I'm on an 11 month contract, I'm not entitled to any annual leave?

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    #7
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    There is no minimum period to be worked before annual leave entitlement starts (you start with an initial 8% of hours already worked entitlement), however what is relevant is how many days are normally worked in each week and how many hours have been worked in this just under 3 weeks hypothetical employment situation.


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    #8
    un5byh7sqpd2x0
    Closed Accounts Posts: 1,862 ✭✭✭un5byh7sqpd2x0


    monty_python wrote: »
    Are you sure thats right? Did it change recently?

    It changed in the 1920s.


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    #9
    charlietheminxx
    Registered Users Posts: 2,579 ✭✭✭charlietheminxx


    I'm glad some of you aren't working out my holidays!

    Annual leave is applied pro-rata, usually weekly or monthly. Technically they should have accrued 2 days if they worked the full month, however they don't have to give paid leave in lieu of notice while the person is there less than 13 weeks, so they're still getting more than they are owed.


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    #10
    _Brian
    Registered Users Posts: 18,508 ✭✭✭✭_Brian


    monty_python wrote: »
    Your not entitled to annual leave until you have completed 12 months of service

    Nope, that’s makey uppy stuff there


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    #11
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    monty_python wrote: »
    Your not entitled to annual leave until you have completed 12 months of service


    And now for something completely different.


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