I have been with this company 9 years (full-time Salary Paid) We are then given 3 floating days and rest are fixed ( 28days in total) If i wanted to take a floating day when our holidays reset i would have to accrue this time first before taking it ( roughly 12 days for every holiday day ) So in theory if i wanted to take all my 3 floating days i would have to work 36 days first Is this correct Also If we take any unpaid leave during the year ( funeral , dentist etc) we wouldnt be paid for the time off and also lose our holiday entitlement for that period of unpaid leave - so when it comes to our holidays we wouldnt be paid for the full 28 days holiday but still given the time off - Do you still accrue when on unpaid leave
I would guess that you won't accrue holiday allowances for time off unpaid. What does your contract state? also are the floating days mentioned in your contract?
I think that you have to accrue the days first . It prevents people taking say 2 weeks holiday on the 1 April then leaving the company, as the company are not allowed to deduct anything owed from the final wage .
So let’s say I had 28 day to use when ever I wish I would have to work 120 days before I could take 2 weeks off based on 12 working days = 1 days holiday accrual Doesn’t seem right to me but could be wrong My wife gets the holiday reset and she uses them has she wishes
You may well be right, but if you turn it on its head and say for instance you took 2 weeks off in April[if that's the start of your entitlement] and another 2 weeks in May and then left the company ,you would have been paid for 20 days but only really accrued 5 . What happens then ? because if i'm right the company cannot deduct anything from your final pay . Depends how flexible and trusting your company is really . Gov.uk might be the best bet .
Just curious why you think they can't deduct anything from the final wage? As I'm sure this is in my terms and conditions. I get 36 days plus 5 allocated and i can take the 36 anytime even if I haven't accrued them yet.
'Most employers simply give new workers all their legal minimum annual leave entitlement from day one of their employment. However, employers can choose to use an 'accruals' system during the first year of employment. 'Accrual' means that workers are given their leave in 12 pieces, with their entitlement increasing at the start of each month'.
Taking more leave than the entitlement If a worker has taken more leave than they’re entitled to, their employer must not take money from their final pay unless it’s been agreed beforehand in writing. The rules in this situation should be outlined in the employment contract, company handbook or intranet site.
You are entitled to leave from day 1 with 5.6 weeks being the minimum leave allowance. An employer can only deduct for overpaid leave from your final salary if your contract stipulates such.
So if its not written in your contract you could start a new job then take a month off with full pay and then leave the company without anything to pay back. Not bad if you can get away with it .
I see, so because it's in my contract they can do it then. Wonderwhy any employer wouldn't put this in a contract?
Me neither. Sounds a bloody strange do. I know in the op's case most days are fixed anyway but in a case where they weren't, and this carry on was in place, if the holiday year started in April say, then no one would be able to take a 2 week holiday any time before August cos no one would have accrued enough days? Nah, never heard of that.
The closest I can think of was I once worked for a company who said no more than 12 days to be taken between June and August But that was so everyone could get time off in the summer.
If you are off sick, maternity, paternity emergency days etc holidays still accrue, if you are absent it doesn’t. Legally you have to accrue before ‘entitled to take’ holidays, but most companies ies waiver this because it helps them manage holiday allowances more evenly over the year. If the company overpays when you leave and not in contract, it can’t deduct but technically can sue you for the monies if you don’t agree to it.
there are different accrual rules under WTR in the first year if employment to second year to stop people from joining and then just taking a months leave! There are also different rules for statutory holiday and contractual holiday. The whole area is a bit messy and tricky https://www.emplaw.co.uk/article/working-time-and-contractual-holiday-cases-and-law-nutshell This isn’t a bad summary
