NHS HOLIDAY ENTITLEMENT AFTER LEAVING TRUST

[LM891]

Not motherhood related but,

Hoping anyone can shed some light on this. I recently left my NHS job, i had to take time away from work after multiple miscarriages and felt like i was not being supported enough through work, comments being made about my absence for example and decided for my own sanity and mental health, it was not the environment i wanted to work in anymore.

Am i right in thinking any holiday entitlement should be paid to me after leaving? I have not used a single day of annual leave this year, and have over 100 hours left. The line manager is saying i dont have any leave left, and wont be paid it. Where can i go forward from this? I have emailed HR but not heard anything back. I have checked my contract and it also states holiday entitlement will be paid upon leaving the trust.

Any help would be appreciated!

Yes, you’d normally be paid for any annual leave not taken, although we’d encourage someone leaving to take the annual leave during their notice period if possible.
Have you kept a record of the leave owed? Screenshots etc?

Don’t you have an electronic rostering system OP? I thought all trusts did now? If so you should be able to log in and check what leave you have left. Am assuming that you’ve taken no leave due to having been off sick for majority of year? If so there is likely to be a maximum amount they will ‘owe’ you, usually minimum statutory annual leave entitlement rather than the more generous nhs entitlement.

If you’ve been off sick most of the year have you actually accrued any leave?

@FredaFox surely you still accrue leave even if off sick? You are still employed and therefore entitled to leave

Was any of your time off used as annual leave?

It was just a thought, I’m not sure but like a pp sats maybe there is a maximum that can be paid out?
I was just wondering if there was a reason she hadn’t had any paid out

Even being off sick should accrue annual leave. I wish I could help OP I left my trust and ended up battling over money they decided I owed back to them and them ignoring the annual leave I had left. Toxicity was one of the reasons I left. In the end it reached 18 months and they still stuck their heels in. If you are part of a union maybe ask them for help?

Sorry, maybe i worded it wrong. I wasnt of sick all at once, i had a misscarriage earlier in the year and was off for a short time after that, and again i had another one start of October. I was entitled to 122 hours of leave, and i havent had any days off classed as annual leave this year.

No, just normal sick days. With doctors notes also. I havent taken any annual leave this year.

Yes, we get given annual leave time sheets at my trust, with your entitlment and they add in any days you put in. Mine is still blank as i never got round to putting any days off, so i know i still have my days there.

We get annual leave entitlement sheets at our trust, with the hours you are entitled to and then they would add the dates under that you request off. But mine is still blank, and says im still owed 122 hours. But the line manager is saying i dont have any annual leave days left to take.

Ask her for the dates she believes you have taken as Annual leave this leave year, has she used them to minimise the days you are working in your notice period ?

You will definitely have accrued leave but the full year will be pro rata’d down to your last working day. Speak to HR or failing that your union

When did you leave? You won't be entitled to the full 122 hours for the year as you haven't worked the full year (I'm assuming April-March holiday year).

You're legally entitled to be paid for any unused statutory leave that you have accrued but haven't taken. I believe legally you don't have to be paid for anything above the statutory minimum but most places do.

Definitely check with HR/finance as I have had NHS line managers have very different opinions on what my annual leave entitlement should have been v reality.

If you have not take any AL before leaving, then you should receive some payment for the missed leave. It may not be the 122 hours you’re expecting, as it would be pro rata for the months worked since the start of the year. (In my trust the A/L year runs from April)

You’re best ringing payroll tbh. Our managers are notorious for giving incorrect information on finance/HR issues. When did you leave? Our payday is next week so you may get these hours next week. Do you use employee online or ESR?

Also well done for escaping! And really sorry about miscarriages and unfair treatment. I had similar experience when my mum died.

@LM891 as you have left I would write to the CEO and make it clear you are raising a grievance. Talk to ACAS about starting early conciliation.

Have you involved your union? They are usually great with stuff like this.

Ask for evidence of the holiday they are alleging you took.

This sounds like a really bizarre situation. Do you put annual leave etc onto an electronic system? If so that should be your proof that you’ve not taken leave. It’s unusual for a manager to have gone a whole 8 months without taking leave, though, as you end up with far too much to squeeze into the last few months of the leave year. Have you taken literally no leave at all?
The only thing I can think of is that your remaining leave is being used in lieu of notice. What is your notice period, OP? Are you working to the end of it?
Hopefully you’ll hear back from HR soon. I agree that contacting your union is a good idea too.

When does the leave year run from and to? A FT employee accrues just over 2 days holiday a month, so if you should be entitled to any leave accrued from the start of the year to now. If the leave year starts 1st Jan, then you will get almost all of it, but if its later in the year it will be a percentage.