Working out holidays if leaving

jfh7gwa

I get 31 days of holiday between January - December 2012 (full time worker). I've not obtained any extra holidays, such as carrying them over from 2011.

• If I hand my notice in on Monday 9th January, with 1 month's notice, that means my last day at work would be to leave at close of business on Thursday 9th February. Is that right?

• How many holiday days payment am I due? I figure 2.583 days for the time worked in January (31 divided by 12), plus 0.830 for the bit I worked in February (2.583 divided by 28 days in February, multiplied by my 9 days I worked). Is that right?

I'm just trying to work this stuff out because I'm not sure what the normal way of calculating this stuff is, and my HR dept will likely try and give me misinformation (seem like lovely people but have given me some incorrect information in the past).

KiKi

jfh7gwa wrote: »

If I hand my notice in on Monday 9th January, with 1 month's notice, that means my last day at work would be to leave at close of business on Thursday 9th February. Is that right?

Yes.

• How many holiday days payment am I due? I figure 2.583 days for the time worked in January (31 divided by 12), plus 0.830 for the bit I worked in February (2.583 divided by 28 days in February, multiplied by my 9 days I worked). Is that right?

31 (AL days) / 365 (in a year) = 0.08493
0.08493 x 40 (days worked in 2012) = 3.4 days AL owed.

So yes, but I'd do it by days rather than by months for Jan, then days for Feb.

HTH
KiKi

jfh7gwa

Yes, that sounds about right - much more sensible to use the same method (days) for both January and February.

I'll go with that on my resignation letter unless someone pops up to point out a flaw in the workings shortly

thanks, kiki!

Uncertain

Unless your contract says different, your employer can either require you to take this holiday before you leave or pay you for it after you have gone. This is their choice not yours I'm afraid.

It is also possible there may be some special rules attached to the 3 days you get over and above the statutory minimum of 28.

jfh7gwa

Uncertain wrote: »

Unless your contract says different, your employer can either require you to take this holiday before you leave or pay you for it after you have gone. This is their choice not yours I'm afraid.

yes, absolutely - i am not really fussed how they deal with it, certainly not going to insist on anything, i'm not really wanting to burn bridges here

Uncertain wrote: »

It is also possible there may be some special rules attached to the 3 days you get over and above the statutory minimum of 28.

I see. Even if it's in my contract? I quote:

"... entitled to 28 days paid annual leave. The time at which annual leave can be taken is subject to operational requirements and must be approved by your line manager or team leader.

Employees receive an additional days holiday for each year of continued service, up to 8 days at a maximum. Holiday entitlement is contractual and earned on a prorata basis, but all employees are entitled to paid holidays.

If you are leaving the company, any holiday entitlement will be pro-rated according to when you are leaving, and when it falls within the holiday year. If you have taken less than any pro-rated entitlement, the remaining will be paid to you in your final salary payment. If you have taken more than a pro-rated entitlement, it is our right to deduct that balance from any final pay. Holiday entitlement can only be taken during notice periods at management discretion. "

Uncertain

jfh7gwa wrote: »

I see. Even if it's in my contract?

No, that's fine in that case.

I was just pointing out that your contract may have had some special rules for those extra days.

jfh7gwa

Ah I see. Yes, I can see where that might pop up. I think I should be alright since it literally says no more than that (no special cases as to those 3 additional days).

Thanks for the warning though!

getmore4less

does the 31 include BH, if not how are they accounted for in the contract.

jfh7gwa

It says somewhere else in the contract(I don't have a copy on me just now) that the 28 days is inclusive of any bank holidays. anything else on top up to the 8 days is earned over time at the company. but it definitely mentions bank holidays in there at some point.