Holiday Pay

Volturnus

I've been working part time at a McDonald's for close to 7 months and I have worked up 60+ hours of holiday pay I have not taken but I tried to take 2 weeks off but they won't let me because it's December and they won't pay holidays that aren't taken.

I was leaving for a new job out of college in January anyway so I figure leaving the end of December would be better if I could get my holiday hours.

If I hand in my notice on this week and leave around the 27th will I receive my holiday pay? I read that all holiday hours earned but not taken must be paid on leave. It also states in my contract that on quitting mcdonalds I will receive holiday pay. Is this correct?

georgewickstaff

Yes it is correct. Give your notice. Final wage payment will include it.

They may get in a strop and ask you to take time off now but I don't think you have to agree.

Be careful not to pay too much heed to the IBEC fan boys who will arrive to berate you shortly.

benjamin d

Some middle management type may very well have said they won't pay holidays not taken but a huge company like McDonald's will not, under any circumstances, screw around with statutory entitlements like that, whether or not it's just a franchise. You'll get your holiday pay, I wouldn't worry too much about it.
Anyone I've known who's worked for McDonald's has been full of praise for them so I'd suggest giving them the benefit of the doubt until you get your last pay cheque.

Volturnus

benjamin d wrote: »

Some middle management type may very well have said they won't pay holidays not taken but a huge company like McDonald's will not, under any circumstances, screw around with statutory entitlements like that, whether or not it's just a franchise. You'll get your holiday pay, I wouldn't worry too much about it.
Anyone I've known who's worked for McDonald's has been full of praise for them so I'd suggest giving them the benefit of the doubt until you get your last pay cheque.

They gave some people 2 weeks off before the Christmas without them asking so maybe that is them filling their quota for the few remaining that didn't take any. I am only there 7 months so not a full year. On my contract it states under holiday hours,

"Holiday entitlements are calculated as 8.33% of your hours worked per pay period up to a maximum of 78 hours worked per pay period. The amount you receive as holiday pay will be based on actual earnings. You cannot be paid in lieu of holidays not taken and holidays not taken can only be carried forward in exceptional circumstances and must be taken by 31st January of the following year. On leaving McDonald's you will be paid for any holiday entitlement accrued and not taken in your current holiday year."

benjamin d

"On leaving McDonald's you will be paid for any holiday entitlement accrued and not taken in your current holiday year."

The answer to your question is in your quote.

The bit you bolded just means that McDonald's will assign your holiday days if you don't take them. That's at the discretion of the company but doesn't mean they just won't pay you them. You will definitely either be assigned holiday days or else paid for accrued days on leaving. Since you'll be leaving during a busy Christmas period it makes sense they'll just pay you the days rather than make you take them off. When you can take your holidays is ultimately up to the employer so don't be too annoyed that you can't take them around the Christmas period.

Volturnus

benjamin d wrote: »

"On leaving McDonald's you will be paid for any holiday entitlement accrued and not taken in your current holiday year."

The answer to your question is in your quote.

The bit you bolded just means that McDonald's will assign your holiday days if you don't take them. That's at the discretion of the company but doesn't mean they just won't pay you them. You will definitely either be assigned holiday days or else paid for accrued days on leaving. Since you'll be leaving during a busy Christmas period it makes sense they'll just pay you the days rather than make you take them off. When you can take your holidays is ultimately up to the employer so don't be too annoyed that you can't take them around the Christmas period.

I'm going to see what the story is on the holiday hours first before I do anything. If they are going to pay everyone then I will stay a few more weeks.

pilly

Volturnus wrote:

I'm going to see what the story is on the holiday hours first before I do anything. If they are going to pay everyone then I will stay a few more weeks.

Be careful about giving your notice now. If you do they might get pissed off and say okay you can go today. Then you'll have lost a couple of weeks pay.

Whatever happens you'll get the holiday pay be it now or when you leave in January.

Volturnus

pilly wrote: »

Be careful about giving your notice now. If you do they might get pissed off and say okay you can go today. Then you'll have lost a couple of weeks pay.

Whatever happens you'll get the holiday pay be it now or when you leave in January.

I guess I'll just wait and resign in January then if everyone agrees they will have to pay. Thanks.

Stheno

Volturnus wrote: »

I guess I'll just wait and resign in January then if everyone agrees they will have to pay. Thanks.

Hold on. If the holiday pay due is in respect of 2017, they may not pay it in 2018 and you might just get the pay for holidays built up in January 2018

Volturnus

Stheno wrote: »

Hold on. If the holiday pay due is in respect of 2017, they may not pay it in 2018 and you might just get the pay for holidays built up in January 2018

That's what I thought but people are saying that they will have to pay it? Am going to inquire with some other people working there and ask a manager but just trying to get a sense of things.

Stheno

Volturnus wrote: »

That's what I thought but people are saying that they will have to pay it? Am going to inquire with some other people working there and ask a manager but just trying to get a sense of things.

They have to pay outstanding holuday pay for the year you resign in not for previous years, that's the catch

Volturnus

Stheno wrote: »

They have to pay outstanding holuday pay for the year you resign in not for previous years, that's the catch

I know that, that's why I was planning on handing in my notice this week and leaving around the 24th or something but some people are saying I will get my pay in my last paycheck? I will make more in holiday pay for doing nothing than I would for working part-time for 3 weeks.

Stheno

Volturnus wrote: »

I know that, that's why I was planning on handing in my notice this week and leaving around the 24th or something but some people are saying I will get my pay in my last paycheck? I will make more in holiday pay for doing nothing than I would for working part-time for 3 weeks.

But if you leave in January you will most likely only get the holiday due in January as this holiday year has passed.

Have you also considered how much extra tax will be taken?

benjamin d

pilly wrote: »

Be careful about giving your notice now. If you do they might get pissed off and say okay you can go today. Then you'll have lost a couple of weeks pay.

Whatever happens you'll get the holiday pay be it now or when you leave in January.

They may put him on gardening leave but he must be paid his normal wage for the required notice period whether or not they assign him shifts. And if he's part time or doesn't have set shifts I'm 99% sure the gardening leave pay is an average of a certain number of weeks previous wages.

benjamin d

Stheno wrote: »

But if you leave in January you will most likely only get the holiday due in January as this holiday year has passed.

Have you also considered how much extra tax will be taken?

You have a legal entitlement to be squared up for your holiday pay regardless of when they accrued or how many you have. For a big company like McDonald's I'd imagine they square all that off in the last pay cheque unless they allow people to carry over days.

OP, you will not lose your holiday pay. Don't listen to anyone here who says otherwise. That pay is yours, you've earned it, it's in your bank of saved up hours. The only way you wouldn't get paid for it is if they rota holidays for you, which they're entitled to do as well.

Stheno

benjamin d wrote: »

You have a legal entitlement to be squared up for your holiday pay regardless of when they accrued or how many you have. For a big company like McDonald's I'd imagine they square all that off in the last pay cheque unless they allow people to carry over days.

OP, you will not lose your holiday pay. Don't listen to anyone here who says otherwise. That pay is yours, you've earned it, it's in your bank of saved up hours. The only way you wouldn't get paid for it is if they rota holidays for you, which they're entitled to do as well.

Have you a link showing that in law?

With the use it or lose it policy the op has outlined I don't believe that's the case. The clock essentially resets at the end of each year

benjamin d

Stheno wrote: »

Have you a link showing that in law?

With the use it or lose it policy the op has outlined I don't believe that's the case. The clock essentially resets at the end of each year

You're right and I'm wrong about one thing; they can't pay in lieu of holidays, although if he's leaving they must pay the days instead. However there is no such thing as a "use it or lose it" policy - the days off have to be given, whether this year or into next year doesn't matter a bit. In fact isn't that exactly what the Ryanair pilot dispute was about, they had to be given their statutory time off and Ryanair hadn't left wiggle room in the rota to do it?

Stheno

benjamin d wrote: »

You're right and I'm wrong about one thing; they can't pay in lieu of holidays, although if he's leaving they must pay the days instead. However there is no such thing as a "use it or lose it" policy - the days off have to be given, whether this year or into next year doesn't matter a bit. In fact isn't that exactly what the Ryanair pilot dispute was about, they had to be given their statutory time off and Ryanair hadn't left wiggle room in the rota to do it?

They must pay ism someone is leaving in the same year. It's the only circumstances in which they can do so

Move onto a new leave year the slate is wiped clean employers have no obligation to carry leave forward

benjamin d

Stheno wrote: »

They must pay ism someone is leaving in the same year. It's the only circumstances in which they can do so

Move onto a new leave year the slate is wiped clean employers have no obligation to carry leave forward

They have no obligation to carry it forward but if they don't carry it they must grant the leave days owed before the end of their particular financial year. If a company was allowed to just quietly let leave days expire do you think any big corporation would do it any other way? An employee can never lose their leave entitlements, regardless of circumstances.

Stheno

benjamin d wrote: »

They have no obligation to carry it forward but if they don't carry it they must grant the leave days owed before the end of their particular financial year. If a company was allowed to just quietly let leave days expire do you think any big corporation would do it any other way? An employee can never lose their leave entitlements, regardless of circumstances.

Nope that is not true

benjamin d

Stheno wrote: »

Nope that is not true

Do you honestly believe an employer can just not bother granting annual leave to an employee? Am I picking you up wrong or is that seriously what you're saying here? Why don't employers just fob everyone off until the new year rolls round if that's the case? Saves them 20 days of wages per person per year, happy days.

"Organisation of Working Time Act 1997:

"PART III

Holidays

Entitlement to annual leave.

19.—(1) Subject to the First Schedule (which contains transitional provisions in respect of the leave years 1996 to 1998), an employee shall be entitled to paid annual leave (in this Act referred to as “annual leave”) equal to—

(a) 4 working weeks in a leave year in which he or she works at least 1,365 hours (unless it is a leave year in which he or she changes employment),

(b) one-third of a working week for each month in the leave year in which he or she works at least 117 hours, or

(c) 8 per cent. of the hours he or she works in a leave year (but subject to a maximum of 4 working weeks):

Provided that if more than one of the preceding paragraphs is applicable in the case concerned and the period of annual leave of the employee, determined in accordance with each of those paragraphs, is not identical, the annual leave to which the employee shall be entitled shall be equal to whichever of those periods is the greater..."

In the above text, the word SHALL means the employer is compelled to grant leave to their employees.

georgewickstaff

And here they are... the Company Handbook > The Working Time Act brigade.

Astonishing that people genuinely believe that a company can refuse to grant holidays and then reset the clock to zero on January 1st.

Speedwell

"A big company like McDonalds"

Corporate shop or franchise? Corporate don't usually waste time auditing franchise payrolls unless there is a serious issue that affects the corporation.

Also, I think we're all aware that employers can mess around with payroll all they want and bet that the ex-employee can't afford to, or doesn't know how to, do anything about it. The law doesn't necessarily apply until it's applied. Enough of this practice in the long run usually means money in the employer's pocket since even if they're caught, fines rarely even equal the total amount stolen.

benjamin d

Speedwell wrote: »

"A big company like McDonalds"

Corporate shop or franchise? Corporate don't usually waste time auditing franchise payrolls unless there is a serious issue that affects the corporation.

Also, I think we're all aware that employers can mess around with payroll all they want and bet that the ex-employee can't afford to, or doesn't know how to, do anything about it. The law doesn't necessarily apply until it's applied. Enough of this practice in the long run usually means money in the employer's pocket since even if they're caught, fines rarely even equal the total amount stolen.

I said in my very first comment that it doesn't matter what or not it's a franchise. McDonald's are not going to risk their worldwide reputation over a couple of hundred quid, especially when their name is already (pretty unfairly) synonymous with ****ty jobs.

OP will absolutely, positively, indisputably NOT lose their holiday entitlements, and to try to suggest otherwise is ridiculous scaremongering.

Speedwell

benjamin d wrote: »

I said in my very first comment that it doesn't matter what or not it's a franchise. McDonald's are not going to risk their worldwide reputation over a couple of hundred quid, especially when their name is already (pretty unfairly) synonymous with ****ty jobs.

OP will absolutely, positively, indisputably NOT lose their holiday entitlements, and to try to suggest otherwise is ridiculous scaremongering.

I'm saying that McDonalds (corporate) may not even know about it in the first place. They leave that up to franchises, where the shop is franchised. One would expect that franchisees know the law. The assumption that they faultlessly obey the law is a bit of a stretch.

ellejay

While the financial year might be Jan to December alright, a lot of companies still run the holiday year May to April.
The Op might like to check with HR

radharc

OP, there is some dangerous rubbish posted in this thread. It is amazing that people write with authority on subjects they know nothing about.

Follow Benjamin D's advice, everything he has said is correct. Ignore everyone else.

Speedwell

radharc wrote: »

OP, there is some dangerous rubbish posted in this thread. It is amazing that people write with authority on subjects they know nothing about.

Follow Benjamin D's advice, everything he has said is correct. Ignore everyone else.

I see Radharc was rash enough to put that in writing.