Resigned while on holiday, can I accrue annual leave?

[MotoGirl]

Here's my scenario:
I was nice enough to resign (verbally) the day I went off on a month's annual leave. I have to give four weeks notice and my employer asked me to return for two weeks after my holiday. This was OK with me and I was originally going to finish on 28 September.

To get to the point, I cut my four week holiday short so I could do my two weeks with the old employer and have another two weeks leave before I start the new job. Now that I'm back at work, they say they only need me for two days and then I can finish up. I'm about to put my resignation in writing and want to put 18 September on it. I've calculated this from the two days I have to work plus the two weeks holiday I postponed so I could come back to work.

Can I accrue annual leave until 18 September or only until my last day (tomorrow)?

[McJim]

So at this moment nothing has been put in writing by either party?

If you want you can try to extract maximum cash while guaranteeing minimum reference. If they haven't given you notice in writing you can work until 28th Septmember (ish).

It all depends what actual date you put for your last day of employment (doesn't have to be a day you attend) you will continue to accrue leave up to and including that date.

Did your month off leave you in arrears for annual leave at all?

[MotoGirl]

So at this moment nothing has been put in writing by either party?
... It all depends what actual date you put for your last day of employment (doesn't have to be a day you attend) you will continue to accrue leave up to and including that date.

Did your month off leave you in arrears for annual leave at all?

I just put it in writing with my final date being 18 September. I've still got 5 days annual leave and 33.25 hours time in lieu. That should be a tidy little sum, although I'll get wasted with tax

Cheers for your help

[Oakie]

Put the 18th on the resignation and then say you'll finish tomorrow as requested but would like to take the remainder of the time between Wednesday and the 18th as annual leave so your finishing date still remains as the 18th. Annual leave still accrues while a person is on annual leave so by doing it that way they will be obliged to continue to accrue annual leave until the 18th.

In the final wash up it's not about extra time accruing anyway as it'll be a '8% gross earnings' payment although I guess in money terms it won't be much different. It'll be worth about 3/4 of a days pay to you so probably worth pursuing.

[Oakie]

. I've still got 5 days annual leave and 33.25 hours time in lieu. That should be a tidy little sum, although I'll get wasted with tax :

Tax shouldn't be an issue as if the total amount of leave time to be paid represents more than half a pay period, the total payment (assuming you get a week's pay too) will be taxed as if you had earned it over 2 weeks. EG if you get one weeks pay and three weeks leave it's actually taxed as if you had earned it over four weeks, not just one week. You should lose about a fifth of your gross pay in tax, assuming you're not on a really high or really low rate of pay.

[Nasty]

You acrue until the last moment of actual employment, its not dictated by when you resign .. so if you last moment is 5 pm 18th September .. its accrued to then.

[Maha]

Dont bother yourself with calculations Motohurl...get Cajun to add to his hours, subtract those extra hours from the equation then multiply his extra earnings to your non hours and then divide it equally....simple!....what i mean is....live of him.....

[Sniper]

Dont bother yourself with calculations Motohurl...get Cajun to add to his hours, subtract those extra hours from the equation then multiply his extra earnings to your non hours and then divide it equally....simple!....what i mean is....live of him.....

Mom, you shouldnt be using Mahas account

[Maha]

Mom, you shouldnt be using Mahas account

I know! it sounds like something that Fred Dagg would come up with.....

[Mom]

Put the 18th on the resignation and then say you'll finish tomorrow as requested but would like to take the remainder of the time between Wednesday and the 18th as annual leave so your finishing date still remains as the 18th. Annual leave still accrues while a person is on annual leave so by doing it that way they will be obliged to continue to accrue annual leave until the 18th.

In the final wash up it's not about extra time accruing anyway as it'll be a '8% gross earnings' payment although I guess in money terms it won't be much different. It'll be worth about 3/4 of a days pay to you so probably worth pursuing.

What good advice mate! Mean, but good, I like it!

Mom, you shouldnt be using Mahas account

Cheeky bugger! I will have you know I was at work while all this "advice" from Maha man was being given.......LOL

I know! it sounds like something that Fred Dagg would come up with.....

You will keep

[MotoGirl]

Put the 18th on the resignation and then say you'll finish tomorrow as requested but would like to take the remainder of the time between Wednesday and the 18th as annual leave so your finishing date still remains as the 18th. Annual leave still accrues while a person is on annual leave so by doing it that way they will be obliged to continue to accrue annual leave until the 18th.

In the final wash up it's not about extra time accruing anyway as it'll be a '8% gross earnings' payment although I guess in money terms it won't be much different. It'll be worth about 3/4 of a days pay to you so probably worth pursuing.

Jolly good! I'm taking the next two weeks as leave, so it'll work exactly as you described. I figured it was worth pursuing so it'll be interesting to see what I come away with.

[MotoGirl]

Cheers for the feedback everyone. It's nice to know I'm on the right track