Resignation Leave Pay ?

huud

Hi All,

I resigned from my position and was informed if I take my remaining leave I will not be paid.

Can I know if this is as per law ?

Thank You

blackbox

My understanding is that once you hand in your notice you are no longer entitled to any leave. I'm not sure how this works for payment, but I think you should be paid for the untaken leave.

witchgirl26

It probably depends on a few things. If you get 25 days leave a year, this will be pro-rata'd to the date you're leaving. So you won't get 25 days. It will also take into account how many days off this year you've already had.

So an example would be you get 25 days annual leave a year. You had in your notice at the start of September so pro-rata you're entitled to 25/12*9 (they may base it off working days but lets just be simple) which is 19 (with rounding). Say you've already taken those days off. You're not entitled to the other 6 days - you haven't earned them yet, so you wouldn't be paid for them. If however you'd taken no leave this year & wanted to take the 19 days, they'd either have to let you take them (being paid while doing so) or pay you in your final pay check for the unused days.

huud

Thanks..

This is what is in terms of leave so far, below is the information I can see in my workday..

Accrued Year To Date - 30

Absence Paid Year To Date - 13

Beginning Period Balance - 17

Balance As Of Date - 17

HR told me because the leave are from Jan to Dec, and we are still in Sep, and every month adds 2 days, I only have 12 days..

witchgirl26

https://www.boards.ie/discussion/comment/123798223#Comment_123798223

Ok so in that 30 days that you get per year, are any of them service related? So for example your annual entitlement but you get a day extra per year of service?

If you do a quick calc on the 30 days itself, it is 2.5 days a month (30/12). So we're only just into September which by that would mean you have 8 months service this year (Jan - Aug) which would be 20 days. If they are saying it's 2 days per month, it looks like you've a base of 24 days with 6 days extra. That would mean you'd have 16 days to the start of September.

On the 20 days you'd be owed 7 days. On their calc of 2 days it would be that they owe you 3 days. That said, this is without knowing all the details & seeing it.

So if I give my work as an example. I have 25 days leave balance granted at the start of the year. It's worked out as 2.08 days a month that accrues.

If I was to hand in my notice today, I would have a pro-rata'd amount for the year of 16.67 days (they'd probably round to 17). If I've taken under that in leave up to now, I'd be entitled to be paid the difference. If I'd taken more than the 17, they are actually entitled to ask me for the day back in pay or working or they might just write it off.

Best bet is to actually ask HR for a breakdown of your leave entitlement for the year, amounts taken & pro-rata'd days based on leave date.

SodiumCooled

https://www.boards.ie/discussion/comment/123798055#Comment_123798055

Not how it works from my experience - quote a few people have left where I work recently giving the one months notice and all were gone sooner due to being told to take their holidays in the notice period. When I left my previous role it was the same, I had two weeks leave so I only had to work a little over two weeks of my month's notice.

huud

Thanks everyone for the clarification, appreciate it..