Does unpaid leave affect my holiday entitlement in the UK?

HappyMJ

AP007 wrote: »

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

Taking sick leave is different as you are credited as working. You can still claim working tax credits whilst not working any hours at all even though it's supposed to be claimed by low income workers working 30 hours or more. An employee should be credited as working and should get annual leave credit if they are off work sick.

jacques_chirac

AP007 wrote: »

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

It is arguably equivalent to time off sick, and that is why the law is interpreted in the same way. However up until a few years ago it was not commonplace to accrue AL whilst off sick either.

jacques_chirac

HappyMJ wrote: »

Taking sick leave is different as you are credited as working. You can still claim working tax credits whilst not working any hours at all even though it's supposed to be claimed by low income workers working 30 hours or more. An employee should be credited as working and should get annual leave credit if they are off work sick.

The key to being eligible for AL is having 'entered into or work(ing) under' a contract of employment, not actually working. Someone on unpaid leave would fall under this definition, as would someone on a longer career break.

Naf

marybelle01 wrote: »

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?

Is the OP contracted 40 hours, though; or contracted as hourly paid, but gets 40?
If the latter then this could be argued by the employer to apply;

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.

marybelle01 wrote: »

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!

You accrue holiday when on holiday (each hour paid accrues some holiday hour). But the OP's wasn't a holiday, it wasn't typical leave and wasn't part of any leave already accrued. Holiday hours are pro-rata.

MMeNDtal

Naf wrote: »

Is the OP contracted 40 hours, though; or contracted as hourly paid, but gets 40?
If the latter then this could be argued by the employer to apply;

You accrue holiday when on holiday (each hour paid accrues some holiday hour). But the OP's wasn't a holiday, it wasn't typical leave and wasn't part of any leave already accrued. Holiday hours are pro-rata.

I don't work variable hours. It's a regular 8-5, Monday to Friday job.

jacques_chirac

Naf wrote: »

Holiday hours are pro-rata.

Yes, pro rata to their contracted hours, which in the OP's case are full time.

Naf

MMeNDtal wrote: »

I don't work variable hours. It's a regular 8-5, Monday to Friday job.

Are you paid an hourly rate, or a salary?
And does your contract say 40 hours?

MMeNDtal

I get an hourly rate, but my hours are set 8-5 (with 1 hour break), so 40 hours a week. Same hours every day and every week.

marybelle01

http://www.hrzone.com/topic/pay-benefits/ask-expert-do-staff-accrue-holiday-while-unpaid-leave/115409

I believe that echoes what I said in post #5? Strictly speaking the law says it does accrue although there may be no clear case law, but who is (now) going to pay tribunal fees and annoy their employer to find out?

Takeaway_Addict

OP, you may legally be right but did they have to allow you the time off unpaid?

Argue this point and regardless if you are right you may find them not so accommodating for issues in the future.