An employee wants leave after a month
- Details
- Last Updated: Wednesday, 26 February 2025 14:23
An employee who has not been employed for a year has no entitlement at all for paid leave. On completion of 12 months continuous service an employee is entitled to minimum of 4 weeks leave to be paid at his weekly average calculated at the time the leave commences.
An employer can, but is not required to, pay an employee leave in advance. The value paid is offset against the value of leave accrued. A four weekly leave entitlement accrues at 4/52 or 8% of gross earnings, either since started or from the last anniversary. Regardless of the value accrued, on completion of a year at anniversary, enough time is made available to cover the average time worked in four weeks.
In most cases the employee agrees under contract to work a fixed period per week and will receive four times that as leave for that completed year. If the employee has worked more, such as overtime, this will increase the average weekly earnings and when the leave is taken it will therefore be paid at a higher rate. If overtime is regular consider increasing the leave entitlement time due. Setting a fixed entitlement different to that actually worked will always cause problems.