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Holidays accrued if not worked previous year

Question

Asking this for a friend and wasnt sure of the answer.

She hasnt worked a day whole of last year and started a new FT role this Jan. Other than the public holidays does she have any holidays she can take.? Someone said that upto 30 days can be 'taken' from the 13th or 14th month holiday pay of 2019 but wasnt sure if thats 100% reliable info.

anon

Your question isn't totally clear, however you need to understand that your entitlement to holidays, and your entitlement to paid holidays is different.

1) Everyone working is entitled to holidays. You accrue your entitlement to holidays in the current year. i.e. assuming you have the legal minimum of 20 days, you will accrue 1.66 days per month worked.

2) You accrue your entitlement to paid holidays in the prior year. i.e. if you worked for the full 12 months of last year, you'll be entitled to 20 days paid holidays this year. If you only worked 6 months last year, you'll only be entitled to 10 days paid holidays. If you didn't work at all last year, you have no entitlement to paid holidays.

Notwithstanding anything I've said above, your entitlement or otherwise can be impacted by the length of your trial period, the commission paritaire that you belong to, whatever local practice is at the company where you are employed, whatever you may have negotiated with your employer, what local union regulations say, what it says in your contract etc. etc. etc.

You also mention the (sic) "13th or 14th month" implying you are entitled to such. That may or may not be the case (particularly if you have not been on a full contract for a minimum of 12 months).

Therefore, the best person for you to ask is the HR department where you work.

Apr 15, 2019 18:54
crisscross

Thanks ANON,

Was asking about paid holidays. Anyway the info answers the questions. Thank you.

Now about unpaid holidays, I'm guessing that would need to be agreed with the manager right?

Apr 17, 2019 11:50
anon

Your friend needs to go themselves and talk to HR about what they are entitled to, and what they aren't.

They shouldn't rely on second hand information from you (or me).

Apr 18, 2019 10:22