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Annual leave during notice period

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  • 09-07-2018 9:54pm
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    Looking for some opinions.

    I have been looking to change jobs for a few months and yesterday got a job offer I plan on accepting. Im planning on handing in my notice for my current job tomorrow.
    Officially I am required to give 1 months notice and my new employer is keen for me to start as soon as possible, but I have 2 weeks annual leave booked from next week followed directly by a one week business trip.
    So if I finish in one month I will have a very short time in the office to finish off outstanding work and do a handover.

    The past few months in work have been really difficult in work. My relationship with my manager has deteriorated & is causing me alot of stress.
    I don't feel like I owe the company anything but I don't want to be completely unreasonable either.

    I'm wondering firstly can my current company force me to extend my notice period by the length of leave I have booked, and if not would it be unreasonable for me to insist on leaving after the minimum notice period?

    I should add that the holiday year runs to December and I have used more leave this year than I have officially accrued. I'm not sure if this changes things (apart from having the extra days deducted from my final payslip)


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    #2
    Dublinflyer
    Registered Users Posts: 598 ✭✭✭Dublinflyer


    I just changed jobs and was in a similar situation. I applied for a job that I really wanted and the who process went on over a few months, a lot longer than I had planned. I got a call saying that I got the job and they asked me to hand in my notice, one month. The problem was that was due to go on holidays 2 weeks after I got the call. As I had the time worked up and was entitled to the leave they had to let me take it meaning I only had 2 weeks with them before my holiday but my "finish date" was the full month after the day I handed in my notice. Your situation is slightly different as you don't have the holidays worked up. I am pretty sure you wont be doing the trip now.
    I have seen people do all sorts of things with notice, one person left on the day they handed in her notice, not recommended. If I was in your position I was give them 2 or 3 weeks notice and tell them why. Every new employer will want you to start as soon as you can especially if they are american but they should understand that you also want to do right be the place you are leaving. Hope that helps.


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    #3
    ohnonotgmail
    Registered Users Posts: 40,447 ✭✭✭✭ohnonotgmail


    If you have not worked up the days then you are not entitled to take the leave.


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    #4
    Eoin
    Registered Users Posts: 21,257 ✭✭✭✭Eoin


    Workquestion45e23 wrote: »
    I'm wondering firstly can my current company force me to extend my notice period by the length of leave I have booked, and if not would it be unreasonable for me to insist on leaving after the minimum notice period?

    No, but what happens within that notice period could be up for debate. I think in general they need to give 30 days' notice for any changes they want to make to approved annual leave; not sure if there are any exceptions when someone is leaving.

    Do you expect they'd still want you to do the business trip if you're leaving very soon after? If I were the manager, I'd be saying you're not going and doing handovers instead.

    I'm a bit rusty on this stuff, but my best guess would be that there will be a reduced final pay check because you're using more leave than you have accrued.
    ohnonotgmail wrote:
    If you have not worked up the days then you are not entitled to take the leave.

    If it's already been approved, I'm not sure they can now withdraw it. It's not realistic for everyone to only take leave they've built up.


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    #5
    ohnonotgmail
    Registered Users Posts: 40,447 ✭✭✭✭ohnonotgmail


    Eoin wrote: »
    No, but what happens within that notice period could be up for debate. I think in general they need to give 30 days' notice for any changes they want to make to approved annual leave; not sure if there are any exceptions when someone is leaving.

    Do you expect they'd still want you to do the business trip if you're leaving very soon after? If I were the manager, I'd be saying you're not going and doing handovers instead.

    I'm a bit rusty on this stuff, but my best guess would be that there will be a reduced final pay check because you're using more leave than you have accrued.



    If it's already been approved, I'm not sure they can now withdraw it. It's not realistic for everyone to only take leave they've built up.

    it is also not realistic to expect to take leave you haven't earned yet when you are leaving the company.


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    #6
    cdeb
    Moderators, Sports Moderators Posts: 7,245 Mod ✭✭✭✭cdeb


    It's most likely they'd just dock the unearned leave from the final salary, treating it as if it were unpaid leave. Same way as any untaken holidays would be paid on finishing.


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    #7
    OldMrBrennan83
    Closed Accounts Posts: 26,658 ✭✭✭✭OldMrBrennan83


    This post has been deleted.


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    #8
    GerardKeating
    Registered Users Posts: 7,664 ✭✭✭GerardKeating


    Patww79 wrote: »
    This post has been deleted.

    Kind of the same different, they won't paid the OP for sick leave, or vacation time they are not due.


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    #9
    Eoin
    Registered Users Posts: 21,257 ✭✭✭✭Eoin


    ohnonotgmail wrote: »
    it is also not realistic to expect to take leave you haven't earned yet when you are leaving the company.

    Yep, agreed, if you were applying for it after giving your notice. But I don't know what the story is when the leave has already been approved and just about to start, given 30 days notice is required for an employer to change someone's leave arrangements.


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    #10
    cdeb
    Moderators, Sports Moderators Posts: 7,245 Mod ✭✭✭✭cdeb


    If the leave has been approved, and if bookings (flights, etc) have been made as a result, I don't see how there can be any issue. It's just unfortunate. The company will get on with it I'm sure.


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    #11
    Glass fused light
    Registered Users Posts: 1,576 ✭✭✭Glass fused light


    ohnonotgmail wrote: »
    it is also not realistic to expect to take leave you haven't earned yet when you are leaving the company.

    Yes, but problem is the employee is leaving if they have made a booking or/and are off spending time with family the employer is just setting themselves up for a pointless argument. The employee is likely to be a no-show anyway (as the OP is not getting on with the manager that looks like a given) and the remaining handoff time becomes totally unproductive.

    OP if the business trip is client facing I would expect that they will want to either use it as a introduction for other staff members or you need to agree on how you manage client expectation.


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    #12
    skallywag
    Registered Users Posts: 3,000 ✭✭✭skallywag


    If the leave is already approved then I cannot see any reasonable employer having an issue with the leave falling within the one month notice period, they will just have to suck it up. You are not being unreasonable at all.

    You will not be paid for the holidays which you have not accrued of course, so just expect these to be deducted from your final pay pack.


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