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Is holiday accrued only for whole calendar months?

6 replies

LaCerbiatta · 20/07/2011 08:19

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

OP posts:
louvert · 20/07/2011 08:45

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 · 20/07/2011 08:47

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

flowery · 20/07/2011 08:49

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 · 20/07/2011 11:47

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./

OP posts:
flowery · 20/07/2011 14:25

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 · 20/07/2011 15:10

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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