Holiday pay

[Kittycat]

Just a quick question.

I was in a job since june and left last week. The company has their holiday entitlement running from 1st Jan to 31st Dec. This year I have only taken 2 weeks of my actual 5.8 weeks allowed. In the hand book it does say that when you leave all outstanding holiday pay will be paid to you.

So to me I have 3.8 weeks of pay coming to me. Yet no pay in my wages today.

Is that because I have not been there a year yet so I am not entitled to it.
I am not over worried about it as I have only been there 9 months, just wondered as I have started to make sure all contracts of work are 100% in my mind due to some bad problems in my past and i do have the contract and hand book here to back this up.

[ostell]

Re: Holiday pay

It doesn't quite work like that: January to March, 3 months therefore entitled to 1/4 of yearly entitlement. You are therefore only entitled to about 1.5 weeks so far this year. You've taken 2 so I would shut up before they ask for money back for the 2 weeks you've taken.

[Kittycat]

Re: Holiday pay

Well I wasn't going to demand it from them, I was just asking. I have never left a job like this before (with outstanding holiday) So I had no idea what the actual process was.

[Eloise01]

Re: Holiday pay

Just to add that if you have, in fact, been overpaid because you have taken more holiday than you have so far accrued, the employer can legally claim the overpayment back at any time in the next six years. And if you don't repay it you can be taken to court.

[FlamingParrot]

Re: Holiday pay

Just a quick question.

I was in a job since june and left last week. The company has their holiday entitlement running from 1st Jan to 31st Dec. This year I have only taken 2 weeks of my actual 5.8 weeks allowed. In the hand book it does say that when you leave all outstanding holiday pay will be paid to you.

So to me I have 3.8 weeks of pay coming to me. Yet no pay in my wages today.

Is that because I have not been there a year yet so I am not entitled to it.
I am not over worried about it as I have only been there 9 months, just wondered as I have started to make sure all contracts of work are 100% in my mind due to some bad problems in my past and i do have the contract and hand book here to back this up.

Not quite, you are entitled to holiday pay even when you work short-term, for example as a temp through an agency. But you say above that the company's holiday period runs from Jan to Dec, which means you should have taken last year's holiday allowance before Dec 31st. Most companies run a 'use it or lose it' policy, where it's up to the employee to make sure they have used all their annual leave before the end of the year. In some cases they may allow you to carry some days forward, but that has to be by special arrangement with your boss and/or the management.

You say you took 2 weeks holiday this year and you left 2.5 months into the year, yet you were expecting 3.8 weeks worth of holiday allowance, was that because you didn't use you allowance last year?

[Kittycat]

Re: Holiday pay

You say you took 2 weeks holiday this year and you left 2.5 months into the year, yet you were expecting 3.8 weeks worth of holiday allowance, was that because you didn't use you allowance last year?

Not from last year. I was entitled to 5.8 this year (if I have stayed!), used 2 so far leaving 3.8 unused for this year. But I guess if I left early that changes the entitlement as Ostell said. (even though there is nothing in the handbook about only working a few months or recalculating holiday entitlement when u leave early!)

I gather some companies are different in their rules.
I was just wondering, not going to push for the pay if its not rightfully mine.

[FlamingParrot]

Re: Holiday pay

Not from last year. I was entitled to 5.8 this year (if I have stayed!), used 2 so far leaving 3.8 unused for this year. But I guess if I left early that changes the entitlement as Ostell said. (even though there is nothing in the handbook about only working a few months or recalculating holiday entitlement when u leave early!)

I gather some companies are different in their rules.
I was just wondering, not going to push for the pay if its not rightfully mine.

The entitlement is calculated on the basis that you work the full year, if you don't, you get a pro-rata allowance. If you only worked 2.5 months you can't expect to get the full allowance, that doesn't happen in any company and doesn't have to be specified in the handbook, it's taken for granted. In fact, from the details you provided, it looks like you exceeded your allowance for the time you were employed this year and your employer could ask you to pay them back!

[Eloise01]

Re: Holiday pay

I gather some companies are different in their rules

It is probably worth noting for the future - no companies are different in their "rules". If you don't work the full year you do not get the full years holiday entitlement.