Holiday entitlement

JanetandJohn500 · 2021-09-30T20:26:35+00:00

Please help. I'm leaving my job on 3rd January for a new job. Our holiday year runs April -April. I get 25 days per year + bank holidays + 4 days unpaid leave at Xmas. I carried over 8.5 days (agreed) last year. How many days will I have to use by the time I leave? HR have said that my manager will tell me but I already know that she doesn't have a clue!!!

NavigatingAdolescence · 30/09/2021 21:32

Assuming leave year starts 1st April,

(25/365) * 278 (days between 1/4 and 3/1)

= 19.04 days.

Plus the 8.5 you carried.

Plus the 4 unpaid days.

NavigatingAdolescence · 30/09/2021 21:34

That’s assuming you get the bank holidays as they fall.

If you don’t, then it’s

(33/365) * 278

= 25.13 days

Plus the 8.5
Plus the 4

HouseOfFire · 30/09/2021 22:32

Are you closed over the 4 Christmas days? As if you use them then you can't count them

NavigatingAdolescence · 30/09/2021 22:36

I deliberately kept them separate. Presumably she would take them at xmas - given she isn’t leaving until after new year.

titchy · 30/09/2021 22:37

The bank hols and closure days you'll have taken so ignore those. You have 25 plus 8.5 carried which is 33.5 for the whole leave year. You're working for 9 full months of that leave year so entitled to 9/12 x 33.5 days which is 25.5 days rounded up to the nearest half day.

Any you haven't taken you should either get paid for, or you can use to make your last working day earlier.

titchy · 30/09/2021 22:38

Wherever I've worked you don't get pro rata leave calculated in days, it's usually done in whole months. So you have to work a full month to get that months leave.

CourgetteGlutTony · 30/09/2021 22:43

@titchy

The bank hols and closure days you'll have taken so ignore those. You have 25 plus 8.5 carried which is 33.5 for the whole leave year. You're working for 9 full months of that leave year so entitled to 9/12 x 33.5 days which is 25.5 days rounded up to the nearest half day.

Any you haven't taken you should either get paid for, or you can use to make your last working day earlier.

You don’t pro rata the 8.5 days carried over - OP is entitled to all of those days. She is also entitled to 9/12ths of this year’s allocation ie 9/12 x 25.

NavigatingAdolescence · 30/09/2021 23:07

@titchy

The bank hols and closure days you'll have taken so ignore those. You have 25 plus 8.5 carried which is 33.5 for the whole leave year. You're working for 9 full months of that leave year so entitled to 9/12 x 33.5 days which is 25.5 days rounded up to the nearest half day.

Any you haven't taken you should either get paid for, or you can use to make your last working day earlier.

Why are you pro rating the leave she carried in?!

(HR Director)

NavigatingAdolescence · 30/09/2021 23:08

@titchy

Wherever I've worked you don't get pro rata leave calculated in days, it's usually done in whole months. So you have to work a full month to get that months leave.

Your employers are wrong. You’re entitled to paid leave for every hour you work.

NavigatingAdolescence · 30/09/2021 23:12

That’s not optional. It’s a legal requirement.

AlexaShutUp · 30/09/2021 23:13

I agree with @NavigatingAdolescence.

flowery · 01/10/2021 07:15

25/12x9+8.5=27.25 which I’d round up to 27.5

Ignore the bank holidays because you’ll have been taking them as they go and will presumably continue to do so.

Original poster

JanetandJohn500 · 01/10/2021 08:58

You lot are amazing! The 4 days are taken from my salary over the 12 months (I work for an LA and it's a mandated close) so I know I'll owe money for that when I leave.
Do they have to pay me for untaken days or do I have to take them?
I was saving some days for a big holiday next summer and I'm so busy between now and when I leave that I don't know how I'll fit them all in!
I've already taken 10.5 days and I've got a loads of flexi to use up too 🤦🏼‍♀️🤦🏼‍♀️🤦🏼‍♀️

OP posts:

NavigatingAdolescence · 01/10/2021 09:10

They can agree to pay them.

titchy · 01/10/2021 11:28

You don’t pro rata the 8.5 days carried over - OP is entitled to all of those days.
Doh! Yes of course!

titchy · 01/10/2021 11:29

@JanetandJohn500

You lot are amazing! The 4 days are taken from my salary over the 12 months (I work for an LA and it's a mandated close) so I know I'll owe money for that when I leave. Do they have to pay me for untaken days or do I have to take them? I was saving some days for a big holiday next summer and I'm so busy between now and when I leave that I don't know how I'll fit them all in! I've already taken 10.5 days and I've got a loads of flexi to use up too 🤦🏼‍♀️🤦🏼‍♀️🤦🏼‍♀️

Can you make your leaving date a couple of weeks later then take your outstanding leave in those two weeks?

ICouldHaveCheckedFirst · 02/10/2021 23:20

Your contract may state whether or not you can be paid for unused leave.
Where I used to work, junior staff generally got paid for unused leave while more senior staff were expected to have used it up, or to forfeit it. Exceptions were made on a case-by-case basis of course.

NavigatingAdolescence · 06/10/2021 20:24

@ICouldHaveCheckedFirst

Your contract may state whether or not you can be paid for unused leave. Where I used to work, junior staff generally got paid for unused leave while more senior staff were expected to have used it up, or to forfeit it. Exceptions were made on a case-by-case basis of course.

You can’t legally force staff to forfeit leave, regardless of rank, if doing so would mean they had taken less than the legal minimum for the length of time worked.