Does unpaid leave affect my holiday entitlement in the UK?

MMeNDtal

I work 40 hours a week and so, receive 28 days paid annual leave. Earlier this year, I was forced to take 3 weeks unpaid leave, as my partner and I were flown away from home, to hospital (she had a complicated end to a pregnancy). As a result of this, my employer is telling me my annual leave has been reduced by 2 days. Is this right?

AP007

if you took unpaid leave then your holiday entitlement still stands as long as you get 5.6 weeks holiday.

If your holiday has been reduced then you need to be paid for those days.

MMeNDtal

Basically they are saying that we 'earn' roughly 2.3 days paid leave per month. Since I was on unpaid leave for 3 weeks, I didn't 'earn' leave during this time, so 2 of my 28 days is being taken. From reading various legal advice sites, however, it's my understanding that leave should still be 'earned' during this unpaid time away from work?

jacques_chirac

There is no case law on this point, but cases on similar types of leave (sickness absence, maternity etc) would imply you are entitled to accrue holiday for this period.

marybelle01

Holiday entitlement is based on the period of employment, not on whether you are paid or not. So I agree with Jacques and you shouldn't lose holiday. But in practical terms, depending on how your employer is, do you really want to argue about two days on principle? Because you might win the principle but at what cost?

AP007

MMeNDtal wrote: »

Basically they are saying that we 'earn' roughly 2.3 days paid leave per month. Since I was on unpaid leave for 3 weeks, I didn't 'earn' leave during this time, so 2 of my 28 days is being taken. From reading various legal advice sites, however, it's my understanding that leave should still be 'earned' during this unpaid time away from work?

but it was taken as unpaid so I don't get why they have taken away these days when you have not been paid?

MMeNDtal

jacques_chirac wrote: »

There is no case law on this point, but cases on similar types of leave (sickness absence, maternity etc) would imply you are entitled to accrue holiday for this period.

That's one the quotes I've seen, backing up my thoughts.

jacques_chirac

AP007 wrote: »

but it was taken as unpaid so I don't get why they have taken away these days when you have not been paid?

I expect the employer sees it that if he was not working, he did not accrue leave. Until the EU got involved this was the common stance in the UK.

HappyMJ

An employer can also calculate leave based on the percentage of 12.07% of hours worked..so if you aren't working you aren't accruing leave.

AP007

jacques_chirac wrote: »

I expect the employer sees it that if he was not working, he did not accrue leave. Until the EU got involved this was the common stance in the UK.

That is the same as taking time off sick and them saying you do not accrue holiday which is wrong.

marybelle01

HappyMJ wrote: »

An employer can also calculate leave based on the percentage of 12.07% of hours worked..so if you aren't working you aren't accruing leave.

Only if you work variable hours and the OP doesn't. You aren't working when you are on leave, but you still accrue holiday when on leave!