Unpaid leave - advice needed please

samphe

Oldernotwiser wrote: »

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.

My contract is full-time. My contributions, pension etc are based on full-time salary.

cannyscot_2

You would really need to look at the numbers

They are correct to reduce you hols to 18.5 but
If your salary were 20K for FT with 20 days holidays, they deducted 1,5 days but continued to deducted 4/52 of 20K they would be overdeducting your pay as you now don't earn for 52 weeks. (annualised hours)

I think you are correct as you are claiming dependent leave not changing your contract if this is not stated in your contract. (it often is so just check ie NHS trusts/police etc have this in their contracts) Technically I think they should incoporate into the rate deducted this amount ie a higher deduction rate as otherwise they are changing your contract.

You would need to put it in writing reiterating that you are not seeking a change of contract as effectively that is what they are seeking to do.


However the problem is that with unpaid dependent leave they can stop you taking it exactly when you want it for business reasons so it gets messy.

Maybe think through what you do want as perhaps a different contract is actually what you need and they do seem to be flexible which isn't always the case.

samphe

cannyscot wrote: »

I think you are correct as you are claiming dependent leave not changing your contract if this is not stated in your contract. (it often is so just check ie NHS trusts/police etc have this in their contracts) Technically I think they should incoporate into the rate deducted this amount ie a higher deduction rate as otherwise they are changing your contract.

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Thanks for your reply Cannyscot. Could you clarify what you mean in the above paragraph, particularly "Technically I think they should incoporate into the rate deducted this amount ie a higher deduction rate as otherwise they are changing your contract"

Sorry but you lost me a bit on this sentence!

Can you give me your thoughts on the fact that if i was to take a one off week/fortnight etc, that my existing paid leave wouldnt be affected.

Thanks.

Oldernotwiser

samphe wrote: »

My contract is full-time. My contributions, pension etc are based on full-time salary.

But if you're taking an extra 4 weeks' unpaid leave you'll be getting less salary and, therefore, paying less tax/NICs. If you were to continue this arrangement until you claimed your pension then your pensionable salary would be based on this lower income.

samphe

Oldernotwiser wrote: »

But if you're taking an extra 4 weeks' unpaid leave you'll be getting less salary and, therefore, paying less tax/NICs. If you were to continue this arrangement until you claimed your pension then your pensionable salary would be based on this lower income.

I have no intention of carrying this arrangement on until i retire!!!

Oldernotwiser

samphe wrote: »

I have no intention of carrying this arrangement on until i retire!!!

Well, you didn't say it was only temporary!

It was the best thing I ever did and 6 people in my office copied my arrangement but I hope you sort things out to suit you.

surreysaver

samphe wrote: »

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??

If its Parental Leave (which is unpaid), as opposed to Unpaid Leave, then your other condtions of employment are protected by legislation. You need to be very clear to your employer that you are requesting 'Parental Leave', rather than unpaid leave, if that is, indeed, what you are taking.

jim_walton

Oldernotwiser wrote: »

But if you're taking an extra 4 weeks' unpaid leave you'll be getting less salary and, therefore, paying less tax/NICs. If you were to continue this arrangement until you claimed your pension then your pensionable salary would be based on this lower income.

Not sure about the pension bit...Length of service would be less,but salary the same............Also holiday entitlement is based on full time hours and so will be reduced....

samphe

surreysaver wrote: »

If its Parental Leave (which is unpaid), as opposed to Unpaid Leave, then your other condtions of employment are protected by legislation. You need to be very clear to your employer that you are requesting 'Parental Leave', rather than unpaid leave, if that is, indeed, what you are taking.

Thanks for this advice it was very helpful, unfortunately i believe parental leave only applies if your child is age 5 or under. My youngest is 7!

Can ANYONE tell me if the same rule should apply for the 20 days unpaid leave pro-rata'd over the year as it would for someone requesting a week/fortnight's leave in one go?

Also, i've been advised that leave is still accumalated while on paid leave, sick leave, unpaid sick leave, maternity leave, paternity leave, special leave etc. Is unpaid leave therefore the only one its not accumalated on?

Hope this make sense!