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Gardening Leave Query

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  • 25-01-2015 8:48pm
    #1
    MuddyDog
    Registered Users Posts: 1,878 ✭✭✭


    I've taken another job in another company in the same industry. My notice period is 4 months which I handed in recently. I've taken no holidays so far this year and my contract states I'm entitled to 33 days. My current company put me on gardening leave a couple of days after handing in my notice. My question is, apart from having to pay me during the 4 month period, do they also have to pay me for my 33 unused days holidays?


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    #2
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    MuddyDog wrote: »
    I've taken another job in another company in the same industry. My notice period is 4 months which I handed in recently. I've taken no holidays so far this year and my contract states I'm entitled to 33 days. My current company put me on gardening leave a couple of days after handing in my notice. My question is, apart from having to pay me during the 4 month period, do they also have to pay me for my 33 unused days holidays?

    No they will pro rate it does your holiday year run from Jan to Dec?


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    #3
    MuddyDog
    Registered Users Posts: 1,878 ✭✭✭MuddyDog


    Yes it runs from Jan-Dec. So if my contract ends on say 30th April does that mean they will pay up until 30th April salary and 11 days extra pay for unused holiday?


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    #4
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    MuddyDog wrote: »
    Yes it runs from Jan-Dec. So if my contract ends on say 30th April does that mean they will pay up until 30th April salary and 11 days extra pay for unused holiday?

    Yes that sounds right


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    #5
    Bandana boy
    Registered Users Posts: 4,330 ✭✭✭Bandana boy


    They will allocate any holidays you have during this time so you will end with no holidays on your end date.


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    #6
    MuddyDog
    Registered Users Posts: 1,878 ✭✭✭MuddyDog


    So you're saying what Stheno stated is incorrect?


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    #7
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,316 CMod ✭✭✭✭Nody


    MuddyDog wrote: »
    So you're saying what Stheno stated is incorrect?
    No what's Stheno said is correct in theory; how ever most companies don't want to pay additional money to someone's who's leaving and will make sure that any outstanding holidays are allocated in the notice period.


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    #8
    MuddyDog
    Registered Users Posts: 1,878 ✭✭✭MuddyDog


    Nody wrote: »
    No what's Stheno said is correct in theory; how ever most companies don't want to pay additional money to someone's who's leaving and will make sure that any outstanding holidays are allocated in the notice period.

    Ah I see. With my leave though, I have no holidays taken during the period so I assume the company will have to pay the holiday days?


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    #9
    seventeen sheep
    Closed Accounts Posts: 776 ✭✭✭seventeen sheep


    MuddyDog wrote: »
    Ah I see. With my leave though, I have no holidays taken during the period so I assume the company will have to pay the holiday days?

    No I would have thought same as Bandana boy. Eleven days of your paid notice period will be allocated against your annual leave, so no extra payment.

    I'm not sure though. Did you get anything in writing? Or was there a clause in your original contract in relation to this?


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    #10
    MuddyDog
    Registered Users Posts: 1,878 ✭✭✭MuddyDog


    Nothing about it specifically in my contract.


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    #11
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    Nody wrote: »
    No what's Stheno said is correct in theory; how ever most companies don't want to pay additional money to someone's who's leaving and will make sure that any outstanding holidays are allocated in the notice period.
    MuddyDog wrote: »
    Ah I see. With my leave though, I have no holidays taken during the period so I assume the company will have to pay the holiday days?
    I was in the same situation as you some years ago and did get the additional leave on top of the two months pay for the notice period


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    #12
    Bandana boy
    Registered Users Posts: 4,330 ✭✭✭Bandana boy


    Stheno wrote: »
    I was in the same situation as you some years ago and did get the additional leave on top of the two months pay for the notice period

    That would probably be a very lazy official in your payroll/HR team

    Been through this once as leaver and twice as a Manager.

    If you have 30 days notice and 10 days holidays ,We force you to take 10 days holidays and pay the rest as gardening leave. So your final pay packet will have nothing extra.

    I would expect this and if its different ,happy Days !


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