Work resignation and notice period question

[Farangcannot]

Hi all,

 

I had the following question: I am planning to resign from my work end of this month. My notice period will be one month (January 2021). I have accrued Annual leaves (15 days) from my previous year of work (2020). Can I use these accrued annual leaves during my notice period? My employer told me no and these annual leaves can only be accrued on a pro rata basis based on my effective work in 2021 (so basically 1/12 of 15). Is there any legal ground on this as this is the first time I am hearing of such condition.

 

Thank you for any valuable information

 

 

[treetops]

If the holiday year is January 1st to December 31st then it sounds correct to me.  "Use them or lose them" is the phrase often used, although you've now no time for the former.

[tomazbodner]

Depends on what the contract says, whether you can move the previous year's leftover leave to next year. Some allow all of it to be used up in next year, some only part of it, and then it could be limited to how far into the next year you can bring it.

This really depends on your company rules. Consult your employment contract.

[robblok]

Its quite normal that free annual leave days get accrued during working time.

 

So if you start in December you only get 1/12 of 15 days. However if you started in July you get 6/12 of 15 days.

 

So it depends when you started how many you already took and so on. Then also its not always possible to take all those days at the end as they might need you to help with transition to new employee. Sometimes you then get get a payout for them.

[Rhys]

Generally, it just depends on the school and the appropriate administrators.  In my case it was use it of lose it.. I had accquired about 1 month of vacation time, when I resigned, I did not ask to take it and just left..and never looked back.  Actually, all was cool.. infact the Personel department was asking me to take vacation...just did not feel like taking the time... It worked out.

 

[natway09]

Use them or loose them.

Why not take 2 weeks off, then come back & give notice.

I had a great boss once that actually recommended I do that