Annual leave after resignation

[OneSparklyGoldBear]

The work annual leave runs from January 1st to December 31st.

Within this year my holiday entitlement is 28 days (plus bank holidays on top). 3 out of 28 days are taken automatically for christmas business closure.

I am likely to be getting a new job soon and will resign 2nd week of November. My notice period is 13 weeks.

I have 21 days of annual leave left (this includes the 3 days christmas closure). I can carry over 2 unused days into following year.

If I hand my notice in how many pro rata days of leave will I have left considering I will be leaving in Feb?

You have 21 days left in 2024

In 2025 you will probably have 2days accrued by the time you leave after 6 weeks

So you’ll have all of this year’s holiday plus a proportion of next year’s.

if you leave on the first of Feb you’ll have 1/12th of 28 days (roughly 2 and a quarter days)
If you leave on the last day, you’ll have 2/12 - so 1/6th of the year’s entitlement (roughly 4 and a half)

If you won't be leaving until February and can only carry forward two days, you'd presumably be expected to take the rest during your 13 week notice period, before the end of this calendar year, unless the company wish to agree with you that they need you in the business during your notice for a handover or whatever and are therefore willing to pay you for the y taken entitlement (and allowed to do so as you are leaving the job)

www.gov.uk/holiday-entitlement-rights/taking-holiday-before-leaving-a-job#:~:text=Getting%20paid%20instead%20of%20taking,arrangements%20for%20the%20extra%20leave.

Thanks but would the leave in 2024 not be pro rata as my notice period spans that period?

Thanks so I will have full entitlement for this year left?

No because you're still employed by them for the whole of 2024

No. You are working 1 Jan to 31 Dec so you get the full year's entitlement for 2024.

You really need to start taking some leave.

Then in 2025 you'll have whatever you carry over, plus pro rata allowance for 2025.

Unless you leave before the end of 2024, it's likely you will need to use your annual leave for this year, otherwise risk losing it. You can only carry over 2 days to 2025.

You accrue leave throughout your notice period. It doesn't stop when you resign...

Thanks that is good to know. Would you recommend taking those extra 2 days or trying to carry them into next year?

Would you recommend using those 2 extra days too or taking them over?

OP you might find your employer is very reluctant to agree your holiday dates after you resign and may wish to try to impose te dates on you. I would try and get the holiday dates approvedbefore your resignation!

Although ps employer must let you take your statutory entitlement, they can in theory dictate when

My employer doesn't allow new holidays to be booked once you resign. Instead they will offer to pay you out for them.

Yes, because you will still be working for them. Giving notice doesn’t mean your work stops.