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Unpaid leave - advice needed please
samphe
Posts: 140 Forumite
Can anyone help with my query please.
I am in full time employment. The company i work for have always had an arrangement whereby you can request unpaid leave. Although before this year i have never taken any, people i know have had the odd week and the payment was deducted from their salary that month.
I started an arrangement this year whereby i have an extra 20 days unpaid leave for the year (to be re-agreed each year). The deduction is then pro-rata'd and deducted from my salary each month through the year. Days to be taken when i need them.
This has been working fine.
Now however i believe my employers want to continue the same monthly deduction for my unpaid leave, but reduce my paid leave by 1.5 days. I can only asume that they're thinking as im in work 4 weeks less per year, so want to pro rata my leave.
However i think that this is wrong. I am on a full time not part time contract. The additional leave is unpaid. If a asked for a one off week unpaid leave they wouldnt adjust my paid leave. I dont see what the difference is.
In my opinion if they go ahead, in effect they'll be deducting 20 days pay from me but only giving me 18.5 days.
Can anyone advise me? Is this up to individual employers or could i get advice somewhere.
Thanks!
I am in full time employment. The company i work for have always had an arrangement whereby you can request unpaid leave. Although before this year i have never taken any, people i know have had the odd week and the payment was deducted from their salary that month.
I started an arrangement this year whereby i have an extra 20 days unpaid leave for the year (to be re-agreed each year). The deduction is then pro-rata'd and deducted from my salary each month through the year. Days to be taken when i need them.
This has been working fine.
Now however i believe my employers want to continue the same monthly deduction for my unpaid leave, but reduce my paid leave by 1.5 days. I can only asume that they're thinking as im in work 4 weeks less per year, so want to pro rata my leave.
However i think that this is wrong. I am on a full time not part time contract. The additional leave is unpaid. If a asked for a one off week unpaid leave they wouldnt adjust my paid leave. I dont see what the difference is.
In my opinion if they go ahead, in effect they'll be deducting 20 days pay from me but only giving me 18.5 days.
Can anyone advise me? Is this up to individual employers or could i get advice somewhere.
Thanks!
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Comments
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I can understand why your employers are doing this, tbh I would agree with their calculation. You are effectively not 'employed' there when on unpaid leave so your annual leave should be pro-rata. Very very dangerous to take lots of unpaid leave btw, you will be giving the impression that you don't really want to be there...0
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I dont!! Only kidding, its for childcare. What about the fact that if i just took a one off week unpaid, my paid leave wouldnt be affected then??0
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If you took 230 days unpaid leave, would you still expect the employer to give you 30 days paid leave? i.e. pay you 1 months pay even though you never come in at all?0
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I can see your point, but what about the fact that if someone takes a one off unpaid week, their paid leave is not affected then??0
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If you only work a 4 day week you would only be entitled to 4/5 of the full time leave allowance as you are effectively part time.0
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I assume that it's because if someone takes 1 week off unpaid then pro-rataing their paid leave would reduce it by only a fraction of a day so the employer does the employee a bit of a favour by not bothering to reduce the paid leave. But when someone then wants to take 20 days unpaid leave, they have decided to do the pro-rata thing.0
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From what you say, you're on what's called an "annualised hours" contract, which is quite complicated to calculate. (I know, I used to be on one!)
I don't think that I have my old calculations (although I'll look) but you may find something by Googling the term; in my case, it was counted as being part time.0 -
Sorry I misread this statement, but the same still applies. your leave allowance is based on full attendance and therefore if you take unpaid days off your employer is entitled to pro rata your paid leave.I can see your point, but what about the fact that if someone takes a one off unpaid week, their paid leave is not affected then??0 -
Treading_Water wrote: »If you only work a 4 day week you would only be entitled to 4/5 of the full time leave allowance as you are effectively part time.
I agree. If i was on a 4 day week and part time this would definately be the case. If i was on this part time contract and i took a weeks unpaid leave, would my paid leave be reduced?
If i was to take a one off week unpaid leave my employer wouldnt adjust my paid leave.0 -
Treading_Water wrote: »Sorry I misread this statement, but the same still applies. your leave allowance is based on full attendance and therefore if you take unpaid days off your employer is entitled to pro rata your paid leave.
But my employer doesnt adjust the paid leave for people taking a week/fornight etc off. This is my point.0
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