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Holidays during notice period

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  • 28-05-2008 9:00am
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    Hi

    I've just given in my notice, which is four weeks. Months ago I booked days off which will now happen during the notice period. I haven't taken any holidays at all the whole year so far but i'm now taking 9 days off in total (not all at once). My boss said something about having to work longer than a month's notice if I still wanted to take the holidays.

    Can he do this? My new job want me to start ASAP and as it is I'll be working late and at the weekends to get everything finished up. I don't want to leave on a bad note bit I'm not sure what to do as I've already agreed a satrt date with the new company.

    Any advice really appreciated.

    Thanks


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    #2
    Eoin
    Registered Users Posts: 21,257 ✭✭✭✭Eoin


    I know a lot of places won't give allow you to use your leave during your notice period, and just pay you the difference when you leave, but that's normally when you apply after you hand in your notice.

    If your contract says 4 weeks notice and your leave has already been approved, then I don't see how they could extend your notice period. It sounds like you're already working hard to finish up there, but at the same time, 9 days off is cutting your remaining working days in half - can either of you compromise on the number of the days you want to take off?


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    #3
    AARRRGH
    Closed Accounts Posts: 12,382 ✭✭✭✭AARRRGH


    Try to see it from your employers perspective.

    He probably needs you to finish up work/pass on knowledge to your colleagues before you leave.

    If your holidays shorten your notice period by a half, this leaves him very little time to ensure your exit isn't a problem.

    I can understand where he's coming from.

    Regarding the legalities, your employer can choose when you take your holidays, so I would imagine he has the upper hand.


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    #4
    AARRRGH
    Closed Accounts Posts: 12,382 ✭✭✭✭AARRRGH


    I'd just like to add, if you want to use this employer as a reference in the future, there is no point making your exit awkward.


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    #5
    watna
    Closed Accounts Posts: 10,367 ✭✭✭✭watna


    When I left my last job I gave 5 weeks notice just to be an extra bit nice and had a 1 week holiday during that time. They said nothing and it never entered my mind that I couldn't take the days. You're entitled to them out of your annual leave. If they don't pay you for them they'll have to give you holiday pay, as far as I know. You should maybe check with payroll if that' the case. If it is your work might not want to pay you more money for the sake of having you in for 9 days.

    I understand that you want to leave on a good not though, especially if you need references so you may need to think how far you want to push it.


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    #6
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Thanks for the replies, half of it is for a holiday, friend's wedding abroad and the the half is for exams, so I really need to take them. He hasn't said anything more about it and I have said I will work weekends to make sure I get finished up so hopefully it will be ok...


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    #7
    Simplicity
    Closed Accounts Posts: 318 ✭✭Simplicity


    justchecking wrote: »
    Hi

    I've just given in my notice, which is four weeks. Months ago I booked days off which will now happen during the notice period. I haven't taken any holidays at all the whole year so far but i'm now taking 9 days off in total (not all at once). My boss said something about having to work longer than a month's notice if I still wanted to take the holidays.

    Can he do this? My new job want me to start ASAP and as it is I'll be working late and at the weekends to get everything finished up. I don't want to leave on a bad note bit I'm not sure what to do as I've already agreed a satrt date with the new company.

    Any advice really appreciated.

    Thanks

    Your holidays are based on the amount of days you have worked. I think it is something like 1,365 hour = 4 weeks leave. At this stage you have probably earned the 9 days and can take them off. You did have prior approval etc.

    Your boss is being a bit weird about this and you need to figure out the dynamics of it all yourself. Are you leaving him in the sh1t doing what you are doing?


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    #8
    Big_Mac
    Closed Accounts Posts: 991 ✭✭✭Big_Mac


    Simplicity wrote: »
    Your holidays are based on the amount of days you have worked. I think it is something like 1,365 hour = 4 weeks leave. At this stage you have probably earned the 9 days and can take them off. You did have prior approval etc.

    Your boss is being a bit weird about this and you need to figure out the dynamics of it all yourself. Are you leaving him in the sh1t doing what you are doing?


    Leaving the employer in the proverbial sh1t is not the op's problem. They should not be guilt tripped by some boss for wanting to change careers

    Either way, get the time off or not, if you have worked up the amount of leave, your employer will have to pay you for it.

    If you have already had prior approval for your leave, your employer can not just turn around and say that you can't go now because you have handed in your notice. I appreciate that you may want to leave on good terms OP but with your boss's behaviour it may not be possible. This sort of stuff could be easily interpreted as bullying or discrimination in the workplace.......


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    #9
    AARRRGH
    Closed Accounts Posts: 12,382 ✭✭✭✭AARRRGH


    My priority would be to keep them as a positive reference.

    Maybe your next job will be a disaster and you'll need them?


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    #10
    Eoin
    Registered Users Posts: 21,257 ✭✭✭✭Eoin


    Big_Mac wrote: »
    I appreciate that you may want to leave on good terms OP but with your boss's behaviour it may not be possible. This sort of stuff could be easily interpreted as bullying or discrimination in the workplace.......

    Let's not go overboard now, bullying and discrimination are strong terms to be throwing about based on the two short posts from the OP so far.


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    #11
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    eoin_s wrote: »
    Let's not go overboard now, bullying and discrimination are strong terms to be throwing about based on the two short posts from the OP so far.


    Thanks for the replies, it's all sorted now, I really just wanted advice on to approach it and when I assured my boss that I wouldn't leave them up sh1t creek he was very reasonable.

    Def no descrimination or bullying and I'm leaving on very good terms now


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