Annual leave when resigning from employment

[woodchuck]

Hi all,

I am resigning from my current job to start a new employment. My last day of work is 22nd March.

My employer has asked me to complete a 'termination of employment form' which details where I'm going, why I'm leaving etc. My manager has kindly prefilled some parts of this form including my remaining annual leave. In my org, AL runs from April to March, and on my leave card I have 10 days remaining to take.

My manager says I am only entitled to 6.75 working days. When I quereied this, she said I dont get to take or be paid for annual leave in a month where I haven't worked the full month.

Dueto bank hols and weekends (when I don't normally work) there are actually only 4 working days left of the month that I am NOT working, if that makes sense. I can't help feeling I am being ripped off for these extra 3 and a bit days.

I have been in the organisation forsome years now and have always had good relationships with management. I feel my manager has pushed me to hand my notice in and has positively encouraged me to leave before the end of the month as she has already recruited my replacement. She has actually agreed for me to give short notice to leave sooner as this made her recruitment decisions easier.

My contract only specifies my AL entitlement (27 days plus statutory public holidays) and makes no reference to taking annual leave for part-months worked.

Does anybody have any experience of this as I don't know whether to bother fighting my corner or just to let this one go.

TIA

What do your t&c's say? It is normal to pro rata your holidays if you leave during the year but 3 days sounds too much.

My contract stipulates amount of paid annual leave (27 das plus stat public hols) but doesn't say anything about accruing AL only for full months worked. I work in the NHS, if this helps

It is normal to pro rata to make calculation but they're on dodgy grounds to deny you of your leave, especially given you are leaving 3 quarters of the month in. Check their annual leave policy? Or your contract on how they calculate it.

Call payroll (not your boss) to check how they calculate it. Then call HR to clarify how they would calculate it. Is it the same?

Realistically you can do the calculation according to how many weeks you have worked during annual leave year; so in your case 51 weeks out of 53:

35 (days annual leave inc bhol) divided by 53 gives amount 'accrued' each week, multiply by 51 weeks = amount holiday entitlement (inc bhol) up to leave date.

X posts

They'll have a policy about a Zillion pages long on the intranet or from HR? It'll be in there how they calculate. I'd call payroll to double check too

Our staff handbook states how many days holiday you are entitled to for each full month worked (so on a very quick handing in of notice, if you started on the 2nd April, and left on 29 May, you would get no holiday!)

Leaving 11 months (and 22 days) through the leave year would give you 24 out of 27 days.

Bank holidays are excluded from our calcs - noone works bank holidays.

Question it with HR (payrole wouldn't know in our place!)