Annual paid vacation before redundancy

suresh36

I am called for a meeting with my line manager and business unit head on 13th. I am suspicious that it is a meeting related to redundancy, though I am not given any information on the topic for the meeting.

Now, I have applied for my annual leave starting from 16th (which is after the scheduled meeting with my line managed and unit head). I havent used any of my leaves so far in the current fiscal.

Can someone please explain me whether my company can reject my leave request? If the company does not entertain the leave request, what are the options available for me?

LittleVoice

Employers are able to refuse requests for leave to be taken at particular times though they cannot refuse all holiday in the year.

When did you put in your request and how long do you want to take off?

suresh36

I have unused leave of 22 days for this fiscal and I need to definitely use them before Mar 30th as per company police. I work for an IT company and am currently on bench.

My intention is to use all my available leaves. Otherwise, the company can simply say that they have given me "gardening leave" and that all my unused leaves would be counted as used up in the notice period during termination. This is of no good to me.

I have put a request for my all my 22 days of leave this morning, but did not get any response for this so far.

I am looking for all the options available to me so as to prevent my company saying that all my unused leaves are given during termination notice period.

Any help, inputs or ideas are really appreciated

p00hsticks

Presumably when you refer to 'fiscal' you mean the year from last April to this march ? Is there any good reason why you've got so much holiday outstanding ? Were you incredibly busy and not allowed to take leave last year ?

Unless they've stopped you from taking holiday previously, I'd think that it would be understandable if your employer wouldn't let you use all your holiday at once - many employers won't let people take more that two weeks in one go.....

Debt_Free_Chick

suresh36 wrote: »

I am looking for all the options available to me so as to prevent my company saying that all my unused leaves are given during termination notice period.

It can't count as both notice and leave. If you're entitled to one months notice and you have, say, five leave as well, you either get one month and one week's "leave" (notice and annual leave) or one month and one week's pay - or a combination of leave and pay to add up to one month and one week.

mymatebob

Given that you must have a certain amount of leave under working time regs I cannot see how your company can refuse this leave.
Have you had no leave at all in the last year?

LittleVoice

To take leave of 22 days (3 weeks and 1 day), the WT Regs say you should request it of your employer at least 6 weeks and 2 days in advance.

suresh36

Thanks to all the members for responding to my question.

Yes, fiscal means the year starting from Apr 2008 to Mar 2009. As I was busy working for projects, I could not get a chance to take the annual leave so far.

Officially, I have not sent any leave requests so far. Hence, yesterday only I sent a leave application for all the 22 days of unused leave. But, there is no response from the company yet.

So, if the company cannot say that they are treating my 22 days leave as given during the notice period (in the form of say, gardening leave), it would be somewhat beneficial to me, as it would be giving one month salary and prolong my current employment by a month.

If there are any alternatives to claim my entitled leave or encashing the leave etc, can you please let me know?

mymatebob

suresh36 wrote: »

Thanks to all the members for responding to my question.

Yes, fiscal means the year starting from Apr 2008 to Mar 2009. As I was busy working for projects, I could not get a chance to take the annual leave so far.

Officially, I have not sent any leave requests so far. Hence, yesterday only I sent a leave application for all the 22 days of unused leave. But, there is no response from the company yet.

So, if the company cannot say that they are treating my 22 days leave as given during the notice period (in the form of say, gardening leave), it would be somewhat beneficial to me, as it would be giving one month salary and prolong my current employment by a month.

If there are any alternatives to claim my entitled leave or encashing the leave etc, can you please let me know?

From the Working Time Regs
(9) Leave to which a worker is entitled under this regulation may be taken in instalments, but -

(a) it may only be taken in the leave year in respect of which it is due, and

(b) it may not be replaced by a payment in lieu except where the worker's employment is terminated.