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Holiday entitlement after resignation


emasi8624
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HI there,

Was hoping someone may know the answer to this....

Our holidays starts from 1st March. One of my staff members who works 2 days per week had booked off the last 2 days she was owed for the last week of Feb.

On Thursday (the day before I went on maternity leave) she handed her notice in, making her last working day the 12th Feb. I have another member of staff who is off for a week in February and we have a policy that all holidays must be booked 4 weeks in advance. We are only a small setting with 6 staff and I have 2 weeks until I am due for a c-section and I am the owner of the business.

There is no way that I can still give her the 2 days off at such short notice, but because she has left it until the last week to take her holidays (which she did the same last year) is she still entitled to get paid for these on top of her final wage or would she simply lose her holidays? If I hadn't had been going on maternity it would not have been a problem and I would have given her the time off and covered.

Also her sick record and timekeeping has been very bad recently, as well as her attitude to work since one of her friends resigned a few months back. I knew she would not be far behind and had a feeling she would wait until the day I start maternity to drop the bombshell. She has been messaging me all weekend about her holidays, if it was anyone else I would just pay the time without battering an eyelid but in this case I don't want to be paying anything that is not entitled. Sorry if that sounds harsh....

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This is our policy in regards to holidays....

 

Holidays

Your holiday entitlement will be calculated on the basis of how many hours per week you work. This will exclude all public holidays, as well as 3 days between Christmas and New Year when the nursery will be closed. These will be set out in your own contract of employment.

Holidays must be taken at a time convenient to the company and only 1 employee time may be on holiday at any one time.

Holidays are given on a first come, first served basis. Because of this, requests for holidays which are deemed to be unfair and unreasonable to the rest of the team may be refused. For example a request for 5 Fridays in a row may be refused as this would block off 5 whole weeks for other nursery staff.

All holidays booked must be agreed by the Nursery Manager in advance.

Procedure

· Four weeks notice of your proposed holiday dates must be given to the Manager on a holiday slip.

· The Manager will consider your request and return your holiday slip to you signed and stating the authorised dates.

· Holidays are only permitted once the signed slip is returned to you and only for the authorised dates.

· Any un-taken holiday may not be carried forward to the next year and no payment will be made in lieu of any un-taken holiday.

· On termination of employment holiday entitlement will be calculated to the nearest full month worked. Holiday pay is made at your basic rate, and if you leave having taken in excess of your accrued holiday entitlement, the company reserves the right to deduct the appropriate amount from your salary.

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So if I have this right you accrue holiday entitlement 1st March to end feb each year, she had booked off 2 days end of feb but now her contract will terminate on the 12th feb before she would have taken her last 2 days holiday owed. Therefore on her final wage she will need these 2 days paying Ontop of her wage as the only part of the year she hasn't worked is last 2 weeks of the year to which you accrue the entitlement in full. She won't be taking the holiday as she won't be with you but she has still worked the hours to get the entitlement. The only way around it is if your contract stated holidays must be taken before end feb or you loose them as you cannot carry over AND she also left after 1st March not before.

Check your contracts can you retract the other staff holiday with so much notice? seems strange thing to have in a contract but might be your only option.

I really feel for you last thing you need

Is this !

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If you dont have a policy specifically covering this, such as listed above, then I would calculate based on number of weeks worked in that year, and how many days holiday she would be entitled to, how many she has taken and then pay her the difference between the two. Given that she is finishing just two weeks before the end of the 'holiday' year, I would anticipate that she would be entitled to most of her two days pay .

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HI there,

Thanks for your replies.

I use the Gov calculator to calculate holiday entitlement. I am going to have to pay her the entitlement that is left over on top of her final wage as I am unable to allocate her time time off with it being such short notice and other staff having holidays and me about to give birth any moment...... As my policy above states, holidays must be taken at a time convenient for the company and with 4 weeks notice, so hopefully she will not challenge this and will be happy with the extra money on her final wage.

Thank you :)

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