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Holiday Pay & Notice

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  • 25-06-2013 9:39am
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    Hi,

    I was wondering if anyone could help me. I have been with a company a few years and I have had 15 days off in August booked as annual leave since March of this year. In reality I will be about of the country for a full 21 days.

    I have been looking at going back to college and all courses start at the beginning of September, a few days after I get back. If I was to start one of these courses I would essentially have to give my 4 week notice, fly out for 3 weeks and then be back for the last week. Is the employeer obliged to pay me for my holiday leave if I give my notice before leaving.

    Any help would be great.


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    #2
    tatli_lokma
    Registered Users Posts: 3,332 ✭✭✭tatli_lokma


    You would only be entitled to the amount of leave you have accrued by that date. So if you get the statutory minimum of 20, then provided your holiday year runs Jan - Dec, pro rata you would have accrued 13.3 days leave by August. (20 days / 12 mths x 8 mths (Jan- Aug). If your holiday year runs April - March then it would be 8.3 days leave. This of course is provided you have not taken any other annual leave days so far in the year.

    So to answer your question, your employer is obliged to pay you for your leave, but they only have to pay you for what you have accrued up to the day you leave. Usually if you were paid for 15 days but only had actually accrued 13, the overpaid 2 days would be deducted from your final pay period.

    Also, your employer is not obliged to allow you to use AL against your notice period. So although you propose giving 4 weeks notice and then taking holidays for 3 of those weeks, your employer is not obliged to agree to this. They can request that you give 4 weeks working notice so, work 4 weeks upon return from holiday. This is a matter for negotiation between you and your employer. Conversely, they may ask you to just finish up prior to going on holidays. So my advice would be do not wait until the week before your leave to hand in your notice. Give your notice as soon as possible, or at least 4 weeks before you go on leave, with a finish date of the last working day before your leave period. You will still get your leave paid as even when you finish work you are entitled to any leave you have accrued.

    That way, prior to your leave you can work with your employer to ensure that you have handed over all work/ completed your projects/ tied up loose ends etc before you leave on holidays and you won't have to come back for a week afterwards. This would work better for both you and your employer and would also make it a better note to leave on as your employer will know that you had prepared in advance of leaving and won't feel like you landed them in it and gives them plenty of opportunity to find a replacement. You will be more likely to get a better reference that way. If you give your notice before going on holiday I doubt they will be very pleased with you at all.


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