Retirement

Lolly86

I am due to retire in July , Anybody know would I be entitled to my 22 days holidays my employer is saying I am not is this true ??

Boards.ie: Mark

Hi there,

I've moved your thread across to the Work & Jobs forum where it may be more fitting and people may be better able to help.

blindsider

Your contract will tell you how many days holiday you accrue per month worked.

IMO - you are entitled to any leave accured up to July, but not beyond your last day in employment.

22/12=1.83 days leave per month worked
You worked Jan - July = 7 months

1.83x7=12.83 - round up to 13 days

If you've been with the company for some time and had a good record, I would think they might round it up a little, but completely at their discretion!


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

Citizen's Information:

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.

If you are leaving a job you are entitled to receive payment for any outstanding annual leave and public holidays due to you.

Lay off or short-time working
During lay off or short-time working, you still are employed by your employer and your contract of employment remains in force. This means that you are entitled to benefit for any public holidays that occur during the first 13 weeks of lay off. You do not accrue annual leave during lay off but you are entitled to take annual leave that you accrued before being laid off.

Calculating annual leave
Under Section 19 (1) of the Act you are entitled to a basic annual paid leave entitlement of 4 weeks. There are 3 different ways of calculating your annual leave entitlement:

Based on the employee's working hours during what is called the leave year, which runs from April to March. An employee who has worked at least 1,365 hours in a leave year is entitled to the maximum of 4 working weeks' paid annual leave unless it is a leave year in which they change employment. Many employers use the calendar year (January-December) instead of the official leave year to calculate entitlement
By allowing 1/3 of a working week for each calendar month in which the employee has worked at least 117 hours
8% of the hours worked in the leave year, subject to a maximum of 4 working weeks

An employee may use whichever of these methods gives the greater entitlement. When calculating the entitlement, employers should include all hours worked including time spent on annual leave, maternity leave, parental leave, force majeure leave, adoptive leave or the first 13 weeks of carer’s leave.

An employee who has worked for at least 8 months is entitled to an unbroken period of 2 weeks' annual leave.