Handing notice in, how much holiday can I take

Naykon

Hi all,

I currently work 37 hours a week full time, I've been offered a better job and I will be handing my resignation in on monday 13th dec giving 4 weeks notice which takes me to mon 10th jan 2011 :dance:

my annual holiday entitlement says 33days/244 hours between April 1st and March 31st i think, I've been there since before the start of this financial year

I've worked out I currently have 64 hours remaining holiday until march 2011

I work 4 days a week, roughly 10 hours a day

I would like to take this 64 hours (6 days) during my notice period but i have been told by a friend that i will only be entitled to around 24 hours or 2 days leave and that i would have to keep around 4 days to give back to the company as my leave is in lieu?

he says the "actual" entitlement is 164hours a year :think:

I'm confused, how many days leave can i take?

Googlewhacker

none if the company refuses you the time off, they could just pay you off at the end.

Sambucus_Nigra

If you are leaving before the end of the leave year - then your entitlement reduces pro-rata.

Naykon

Googlewhacker wrote: »

none if the company refuses you the time off, they could just pay you off at the end.

i think they will let me take it rather than pay me it

Naykon

is it something to do with bank holidays? If i work them I get the holiday hours, if i don't work them I have to give the holiday hours back?

If so I think I would owe them 2 days between now and march 2011 (xmas day and new years day) which still gives me 4 days leave??

Uncertain

You are entitled to a minimum of 28 days holiday per this (maybe more depending on your contract but can't be less).

This includes bank holidays (obviously unless you are actually working on them).

If you leave mid year it is simply pro rata. If you have not taken all your holiday then your employer can either ask you to take it during the notice period or pay you for it after you leave.

If you have taken too much holiday then the employer can stop a proportionate amount out of your final pay.

bigfatface

Naykon wrote: »

I've worked out I currently have 64 hours remaining holiday until march 2011

You have 64 hours total to take before March 2011, but you are leaving in January.

You don't automatically 'get' holidays at the start of each year, you earn or accrue them per month. (in my place its something like 2.2 a month not entirely sure though).

Because you are leaving in January, you wont accrue any holiday entitlement for Jan-March, so this will have been deducted from the 64 hours that you think you have left.

anamenottaken

bigfatface wrote: »

You have 64 hours total to take before March 2011, but you are leaving in January.

You don't automatically 'get' holidays at the start of each year, you earn or accrue them per month. (in my place its something like 2.2 a month not entirely sure though).

Because you are leaving in January, you wont accrue any holiday entitlement for Jan-March, so this will have been deducted from the 64 hours that you think you have left.

Statutory holiday accrues pro rata, not for complete months of service (whatever your employer writes into the t&c). So the OP would accrue paid leave according to the number of days in January up to the termination date.

Naykon

bigfatface wrote: »

You don't automatically 'get' holidays at the start of each year, you earn or accrue them per month. (in my place its something like 2.2 a month not entirely sure though).

Thanks for that, think i understand now, so my friend's talking about 2 days leave per month.

So if I leave in January I will likely only be able to take 2 days leave in my notice as the 6 days total i think i'm entitled too would require accruing in Feb and March.

So in theory... if i resigned at the end of March, i could have taken the full 6 days? as its the end of the tax year?

LittleMrsThrifty

Naykon wrote: »

Thanks for that, think i understand now, so my friend's talking about 2 days leave per month.

So if I leave in January I will likely only be able to take 2 days leave in my notice as the 6 days total i think i'm entitled too would require accruing in Feb and March.

So in theory... if i resigned at the end of March, i could have taken the full 6 days? as its the end of the tax year?

It's nothing to do with the tax year - it is the leave year.

Do you have an HR department who you can ask to advise you of how many days you have left to take?

anamenottaken

Naykon wrote: »

Thanks for that, think i understand now, so my friend's talking about 2 days leave per month.

So if I leave in January I will likely only be able to take 2 days leave in my notice as the 6 days total i think i'm entitled too would require accruing in Feb and March.

So in theory... if i resigned at the end of March, i could have taken the full 6 days? as its the end of the tax year?

Your annual entitlement needs to be divided (into 12 if you wish but you are planning to leave part way through a month so 52 (approx) would be better).

If your last day of employment (not the date you resigned but the date that notice expired and your employment terminated) was the end of March, you would, in respect of the year ending that day, have earned your full year's holiday entitlement. It is not related to the tax year (which ends in early April). Not all companies use April to March as their holiday year.

If you left in January (but not the end of January) you would not have accrued the full month's entitlement, just as you don't accrue the whole year's entitlement if you don't work the whole year.