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Question about leaving your job

NK Arsenal

Juniors
Messages
1,877
I am currently employed and have been working for the same company for over 3 years.

I have a job interview for another company on Friday. I also have a week off work coming up starting next Wednesday.

So my question is, if I get offerered this new job, and I give my 3 weeks notice to my current employer is he allowed to cancel my time off work?

Cheers
 

muzby

Village Idiot
Staff member
Messages
46,590
Technically they can cancel your leave...

However.....

If you have leave owed to you, the employer must pay this out when you leave, so would be better for them not to cancel..

Eg. Let's say you have only 1 week of leave accrued and you have 4 weeks notice..

Option 1, employer cancels your leave, you work your 4 weeks notice and upon finishing you get your 1 week leave paid out. Employer has now paid 5 weeks of wages to you for the 4 week period.

Option 2, employer keeps your leave in place, you take your holiday and come back and work your final 3 weeks. Employer has paid 4 weeks of wages for the 4 week period.
 

Twizzle

Administrator
Staff member
Messages
155,398
If you signed a workplace agreement then you should read it to see if it covers your question.
 

NK Arsenal

Juniors
Messages
1,877
I have read that Twiz and can't seem to find anything about it..I guess we will see how things go on Friday.

If worst comes to worst, I can just give him my 3 weeks notice while I am on holiday.
 

Danish

Referee
Messages
32,055
As stated most employers wouldn't want to cancel your leave as they have to pay it out anyway so would prefer you use it. Indeed when we've moved people on we usually ask if they'd like to take any of their outstanding leave during their notice period.

The only reason an employer might opt to cancel your leave is if you will be required to train up your own replacement, in which case they may decide it worthwhile to keep you in the office for the remaining time and simply pay out your leave in cash
 

NK Arsenal

Juniors
Messages
1,877
I ended up calling up fair work. For future reference they said to me (after being on hold for 25 minutes) that the employer can not cancel your holiday if the leave has been approved unless the employee agrees.
 

Scorpio30

Bench
Messages
4,334
Slightly different, but when my position was made redundant towards the end of last year, my employers were very good. They gave me 4 weeks notice and said I can go when ever I want. So I spent 2 or 3 days doing my CV and then left. So they paid me 4 weeks salary (freebie) + Annual Leave + Redundancy Payment.
 

muzby

Village Idiot
Staff member
Messages
46,590
Slightly different, but when my position was made redundant towards the end of last year, my employers were very good. They gave me 4 weeks notice and said I can go when ever I want. So I spent 2 or 3 days doing my CV and then left. So they paid me 4 weeks salary (freebie) + Annual Leave + Redundancy Payment.

Are you David Gallop?
 

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