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From When Do You Accrue Annual Leave?

24 replies

ItsSnowJokes · 03/06/2021 11:37

I started a job on the 8th of the month. The end of that month was the end of the annual leave year. I asked if I accrued any annual leave for that part month and if so can I carry it over to this year's annual leave allowance (it worked out at just over a days annual leave) and I have been told no as I started part way through a month you don't accrue annual leave till you work a full month. Is this correct? It didn't seem right to me, but didn't have any facts to back it up.

Thanks for any help.

OP posts:
BernadetteRostankowskiWolowitz · 03/06/2021 11:39

You accrue from day 1. What's your AL entitlement?

ItsSnowJokes · 03/06/2021 11:44

@BernadetteRostankowskiWolowitz

You accrue from day 1. What's your AL entitlement?
I am entitled to 22 days (excluding bank holidays) (I am a part time worker 5 days for 5 hours a day) so 110 hours is my official holiday entitlement.

I had always assumed that you accrued AL from day 1 but the email I got was that as I started part way through a month my entitlement didn't start till the 1st of the next month. We are entitled to carry 10 days over each year so I didn't think it would be an issue to carry over the 1 ish days.

OP posts:
NoMoreAngelDelight · 03/06/2021 11:52

That’s rubbish, you get annual leave from day 1.

ItsSnowJokes · 03/06/2021 11:54

This was the exact wording of the email I got.

"however I have just checked your entitlement for last year and this would be zero as you started part way into the month of March, your entitlement would be calculated from April 1st."

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ChatterChattee · 03/06/2021 11:55

That’s illegal. You accrue from day one.

ItsSnowJokes · 03/06/2021 11:57

Does anyone have a link that I can send stating that i should accrue it from day 1? I have googled and not a lot has come up.

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BernadetteRostankowskiWolowitz · 03/06/2021 12:10

110 hours of leave across a 365day year means accruing at 0.3 of an hour every day of the month.

A quick calculation based on your being employed their for 24 days (8th-end of March), you've accrued 7.24 hours (about 7h 15min).

BernadetteRostankowskiWolowitz · 03/06/2021 12:11

Have they built in your Bank Hols into your hourly total? You will get a portion of those too. Does your workplace open o BHs?

BernadetteRostankowskiWolowitz · 03/06/2021 12:11

www.gov.uk/holiday-entitlement-rights/calculate-leave-entitlement

It's the first sentence on the gov.uk site.

ChessieFL · 03/06/2021 12:13

Is it because they’ve counted what you have accrued against Monday’s bank holiday?

ItsSnowJokes · 03/06/2021 12:14

@BernadetteRostankowskiWolowitz

Have they built in your Bank Hols into your hourly total? You will get a portion of those too. Does your workplace open o BHs?
No. The workplace is closed on Bank Holidays so that is not counted in our annual leave allowance.
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Horehound · 03/06/2021 12:14

Pretty sure it should be from day 1!

SingingWaffleDoggy · 03/06/2021 12:18

When leaving a post and starting another within NHS but different trust (19th of the month) I did not receive AL allowance for that month from either trust. Both payroll departments said no part month allocation.
Sorry it’s not good news!

BernadetteRostankowskiWolowitz · 03/06/2021 12:18

Please bear in mind that you will likely have to use some of your annual leave to cover the bank holiday closures.

You are entitled to a portion of the bank holiday - not all of them. So a 22hour contract would mean you get 55% of the bank holidays.

ItsSnowJokes · 03/06/2021 12:24

@BernadetteRostankowskiWolowitz

Please bear in mind that you will likely have to use some of your annual leave to cover the bank holiday closures.

You are entitled to a portion of the bank holiday - not all of them. So a 22hour contract would mean you get 55% of the bank holidays.

But my annual leave is 110 hours a year plus the bank holidays, not including the bank holidays.

I work 25 hours a week over 5 days.

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ItsSnowJokes · 03/06/2021 12:26

@SingingWaffleDoggy

When leaving a post and starting another within NHS but different trust (19th of the month) I did not receive AL allowance for that month from either trust. Both payroll departments said no part month allocation. Sorry it’s not good news!
I dont know how this legal, and why I am questioning it with our HR department. It just seems totally wrong to me. It has never happened to me before, I have always accrued annual leave from day 1.
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3cats4poniesandababy · 03/06/2021 12:35

There is a goverment online calculator. Maybe pit the details into that and see what you get.

In all my jobs I have always accused leave from day 1 until the day I leave regardless of starting or leaving part way through months.

ItsSnowJokes · 03/06/2021 12:38

@3cats4poniesandababy

There is a goverment online calculator. Maybe pit the details into that and see what you get.

In all my jobs I have always accused leave from day 1 until the day I leave regardless of starting or leaving part way through months.

I have done that and it gives me 140 hours (which is 20 days plus the 8 bank holidays pro rata)

I get 22 days a year annual leave (Pro rata for part time which is the 110 hours).

OP posts:
Aprilx · 03/06/2021 13:22

Annual leave entitlements include bank holidays. In practice an organisation might state 20 days plus bank holidays, but legally this means 28 days leave however we are going to mandate that you take 8 of them when we say so, on bank holidays.

If you have accrued one day and there has been a bank holiday, then your accrued leave has indeed been used up on that bank holiday.

HunterHearstHelmsley · 04/06/2021 07:47

How many hours do you work and what is the full time hours there?

HunterHearstHelmsley · 04/06/2021 07:55

Judging by your numbers, you're entitled to 150 hours a year leave, including Bank Holidays. So you would accrue 12.5 hours in a full month. In May you would have accrued around 9.4 hours, 5 of which would be taken with the bank holiday. You should have 4.4 hours.

iwannascream · 04/06/2021 08:10

Everywhere I have worked you have you work a full month ie on the 1st of the month to accrue holiday, and thats going as far back as the 1980's so it's not a new thing.

Chasingsquirrels · 04/06/2021 08:13

Our contacts say this, but it's not legal.
I started at the beginning of the month 21 years ago and haven't left yet, so I haven't challenged it but will if then need arises.

ChatterChattee · 04/06/2021 09:00

@iwannascream

Everywhere I have worked you have you work a full month ie on the 1st of the month to accrue holiday, and thats going as far back as the 1980's so it's not a new thing.
This is illegal.
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