Handing in notice and repaying holiday pay.

[ThinkIveBeenHacked]

Long, sorry, but trying to fit everything in.

Dh works in a school. He is full time and paid every month, but only works term time. His contract states that of the school holidays, 32 days are paid, 32 are unpaid. Whilst the school year runs Sept to Aug, his pay and holiday schedule runs Jan-Dec.

He has handed in his notice so that hos last day will be the last holiday day of the May half term.

He has since been notified that he has used 25 days paid leave (school holidays) and has only accrued 12. Therefore he must repay 13 days pay, which will be half of his final wage.

Ive asled him to.check.his.contract, but surely this cannot be right?

Oh I should add the 32 days AL rule is a newish clause, about a year and a half old, however no stagf were issued with a new contract.

His most up to date contract preceeds this change.

If he gets 32 days holiday a year, then 12 accrued sounds about right for four months work in the holiday year. You should be able to work out whether 25 days taken is correct.

25 days taken is the school holidays that have been and gone. What I want to query is whether this is right....he gets paid for half of the school holidays and unpaid for the other half. Why is the leave he has taken so far been of the paid kind?

Ive asked him to check his contract as why cant he have taken the unpaid element?

His contract or an annual leave policy should be clear on how they deal with holiday on termination. It would seem fairer to say that on leaving employment, half the holiday taken is deemed to be the paid half, and half the unpaid half.