ChatterBank7 mins ago
Accruing holidays
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If you take a very long holiday from work, say 2-3 months unpaid, will the company have to let you accrue holidays for the time you were absent. Co OH works for have a couple of men not coming back to work from before Christmas until mid Feb, boss thinks it's unfair on other workers if they can have holiday entitlement whilst not working. There is nothing in the contracts either way regarding this as it's never been an issue before. Can anyone tell me what the law would say regarding this. Many thanks for any replies RR.
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For more on marking an answer as the "Best Answer", please visit our FAQ.I can't see there being alaw on this but I may be wrong. It does seem odd on the face of it- for example if someone takes 48 weeks of unpaid leave it would seem odd if they could come and claim their 30 days accrued paid holidays.
On the other hand I think it's probably common practice to let holidays accrue as it's easier to work out the entitlements. I know of people who had only 2 weeks holidays left but needed 4 weeks off- eg for a family funeral in Asia or to care for a sick relative - who would be given 2 weeks' paid holiday and 2 weeks' unpaid leave. There annual holiday entitlemements were never scaled down so that they only get 50/52 of a year's entitlement.
On the other hand I think it's probably common practice to let holidays accrue as it's easier to work out the entitlements. I know of people who had only 2 weeks holidays left but needed 4 weeks off- eg for a family funeral in Asia or to care for a sick relative - who would be given 2 weeks' paid holiday and 2 weeks' unpaid leave. There annual holiday entitlemements were never scaled down so that they only get 50/52 of a year's entitlement.
I think it is down to Company Policy and how contracts are worded. I used to be able to grant unpaid leave only of it did not have a detrimental effect on the running of the branch. Also if staff had long term sick leave during a year there was a formula to reduce their holiday entitlement pro rata, although could not claim back any holiday if they had already taken more than the reduced allowance.
if you have entitled holiday i.e, 28 days per year and you take unpaid leave, which is not a holiday then you are still entitled to any holiday you have not taken but ou must be aware if you have booked holiday and not returned and gone past your holiday entitlement, you will be paid your full entitlement but will have no days left when you return!
All workers have the Statutory right to the minimum paid holidays per year, which can, but rarely do, include public holidays. An employee is also entitled to reasonable time off for their public duties, but there is no obligation on the part of the employer to pay the employee if he takes time off to perform his public duties. Strangely there is no statutory right to take time off for jury service or as a court witness, though an employer who prevents such attendance would be in contempt of court.
Employees absent from work for extended periods are not entitled to holiday pay for the period they do not work and are liable to be dismissed on the potentially fair grounds of capability or conduct.
Employees absent from work for extended periods are not entitled to holiday pay for the period they do not work and are liable to be dismissed on the potentially fair grounds of capability or conduct.