Accruing holidays

[rockyracoon]

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.

[factor-fiction]

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.

[rockyracoon]

It is a bit of a conundrum factor, OH's boss is having none of it at the moment, he's happy to work out the entitlement for exactly what they have worked but is worried it will bite him on the arse at a tribunal if someone was to take him there.

[boxtops]

I wouldn't think it applies. If people are off sick then leave accrues, but in effect these chaps are on sabbaticals - I would have thought they give up their right to paid leave during that period.

[PeelerPal]

holidays are only accrued for days WORKED so should you take holiday paid or unpaid you are not entitled to accrue holiday entitlement for the time you have taken off.

that is what the term accrued means, hope this helps.

[factor-fiction]

oops- last sentence should have said "THEIR annual holiday entitlemements were never scaled down so that they only get 50/52 of a year's entitlement."

[ubasses]

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.

[PeelerPal]

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!

[annie0000]

You accrue holidays when on maternity leave - but I know where someone took a year out, they didn't get paid holidays during that time - was it their choice to be off?

[rockyracoon]

Thanks for all your replies, I think he will go the route of none entitlement and see what happens. It's only reared it's head as these lads are still away and they are looking at annual leave and staffing levels for this year. Thanks again.

[grffindoor2011]

I remember a case a few years ago when I was a union rep. The 'lady', I use that term loosely because she was a pain in the neck to all and sundry, took a career break of 4 years. Came back and wanted 4 years worth of annual leave. She lost her subsequent case.

[owdhamer]

dont some asian families have to go home for a religious ritual ?

[cassa333]

Wouldn't it depend on why they were off work?

[buildersmate]

If the employee is sick or taking a statutory entitlement, then holiday entitlement accrues during their absence.
If the employee has made a request for unpaid leave and it has been granted by the employer there is no legal obligation to make the allowance for 'holiday' during the absence.

[jd_here]

Surely, if the leave is unpaid it is classed as 'leave of absence' or 'career break' and therefore not entitled to the same benefits as if at work.

The person taking the 2/3 month break is fortunate to have an understanf=ing boss to let them take that long off.

[buildersmate]

Yes, jd - precisely.

[rockyracoon]

Thanks for responses, we also seem to be in agreement with what it should be.

[murraymints]

No is the answer...1 and 1/2 days accrued per calender month worked is the norm...no work..no entitlement..be grateful you are being granted leave and a job to come home to !

[tonywiltshire]

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.

[buildersmate]

Anyone else want to say the answer is no?

[jamesfelton]

RockyRaccon....


Don't mean to be rude but have you found that song I asked you about, I you havent I don't mind but I would just like to know!

THanks