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Is holiday accrued only for whole calendar months?

(7 Posts)
LaCerbiatta Wed 20-Jul-11 08:19:38

I'm leaving my job and by the time I leave I won't have accrued enough holiday to cover the days I will have taken off so i'll have to pay my company back.

This is fine, except I'm not sure if I agree with the way the calculations are being made. Basically my employer is calculating my accrued holiday only up until the last integral month I'll be working. As I'll be leaving on the 9th of September those last 9 days won't be considered.

Is this right? I can't find any information on this.

TIA

louvert Wed 20-Jul-11 08:45:18

I calculate it back to weekly but I'm not sure on the law. Your week in September would only give you a part of one day, I suspect.

LIZS Wed 20-Jul-11 08:47:47

Check your contract I think ours is based on 1/260 for each day owed/accrued.

flowery Wed 20-Jul-11 08:49:09

As long as you get your statutory minimum how holiday for leavers is calculated is up to the employer. Complete months is pretty common. and yes, you'd surely only get a fraction of a day anyway?

LaCerbiatta Wed 20-Jul-11 11:47:29

For those 9 days I would get half a day. But I guess they would only consider whole days....

There's nothing on the contract about this./

flowery Wed 20-Jul-11 14:25:52

There doesn't need to be anything specific in the contract saying how holiday for leavers is calculated. Doing it on complete months worked is perfectly fine and legal I'm afraid.

LaCerbiatta Wed 20-Jul-11 15:10:31

Thanks flowery!

I have had so many issues with this HR in the past that I'm always suspicious of everything they do! But it's good to know I don't have to fight with them on this occasion!

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