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Annual leave before mobilisation

#1
Just a quick one.

Due to mobilise end of may but I've still got a few weeks of annual leave from my civvy employer to take. I've been informed from lads who've been mobilised before that they have to give it to me before I go. Spoke to my PSAO last night about it and he said there's nothing in the mobilisation letter that tells them to give it to me but its covered by employment law. Can anyone point me in the direction of what I should look at. My employer is pro deserve forces so it shouldn't be a drama I'd just like to have it in black and white if challenged.

Thanks
 

walkyrie

Old-Salt
Book Reviewer
#2
Ok this is an answer purely from my civvy life and I stand by to be corrected.

2 things:

Annual Leave accrues during time worked. So if your holiday year runs January - December you've only accrued approx 1/3 of your annual leave entitlement. Therefore do you really have a couple of weeks to take?

The option to take annual leave will likely be covered off in your contract with a generic "business need" clause - i.e. you can only take your annual leave when it suits the Company. They may argue that you need to be in full time between now and mobilisation, for example to train your replacement.

I'm playing devil's advocate a bit here and await a more learned Army specific answer....
 
#3
I'm fairly confident that the army won't get involved in this conversation.

Basically boils down to your civvy contract and employment law. Not sure on the specifics on whether they can refuse you taking your holidays (assuming you give enough notice), but I do know that if they can, and do refuse then they have to pay you for those days.
 
#4
I'm off for a fortnight next week to complete a course, I'm set to go on H17 IF i pass this course, and get through chilwell etc.

I'm only getting paid for two or three days holiday of said fortnight due to the fact that I've only accrued two or three days holiday. The employers under no legal obligation to pay you for what you've not earned. But if they're nice (i work for a large multinational and my management are bone) then you're lucky.
 
#5
Surely it's personal administration prior to mobilisation. It won't be a surprise that you are mobilised so why should the Army administer you?
 
#6
Cheers for the help. I'm not expecting the holiday but it's a bit of a grey area for me. PASO didn't know but my line manager has asked the question as I've 2 weeks leave to take on my flick for the holiday year Jan - Dec 12. The long and short is that I don't want to chin it off and find out that I could have had it. HR are looking into it but just wondered if any lads had been through similar.
 

The_Duke

LE
Moderator
#7
Holiday year Jan to Dec 12?

Take your annual leave allocation and devide it by 12, to give you your monthly leave accrual rate. Times by 5 and you will have the amount of leave you will have accrued by the end of May.

Unless you get more time off than Clint Eastwood's safety catch you are unlikely to have accrued more than 10 days or so of leave, so you may have 2 weeks to take, assuming you have not taken any so far.

My advice would be to get a statement from your HR department confirming exactly how many days you would have accrued by the end of May and how many of those you have remaining, and then start negotiating with your line manager. It has nothing to do with the army.
 
#8
Just a quick one.

Due to mobilise end of may but I've still got a few weeks of annual leave from my civvy employer to take. I've been informed from lads who've been mobilised before that they have to give it to me before I go. Spoke to my PSAO last night about it and he said there's nothing in the mobilisation letter that tells them to give it to me but its covered by employment law. Can anyone point me in the direction of what I should look at. My employer is pro deserve forces so it shouldn't be a drama I'd just like to have it in black and white if challenged.

Thanks

Two options

1) go and ask your boss for some holiday (before you get mobbed) may not do this as short notice, needs of the business etc.

2) book hols to cover from your last day of civvi job for the amount of hols you are owed (you will be mobbed at this point, so getting army money + civvi hol pay)

Some firms will give you your full annual hol entitlement in these circumstances.
 
#9
Cheers gents. Sorted things out with HR and the original info I got was wrong and what they say pretty much echoed what's been said here. 5 months entitlement minus what I've already taken.

Thanks again.
 

The_Duke

LE
Moderator
#14
Don't hold your breath for it. You accrue leave from the army which is added on to your POTL (obviously after deducting any leave you have taken during your mobilised service).

As you have effectively been employed by someone else who gave you leave during your mobilisation, don't bank on them giving you any leave in addition.
 
#15
By the time you've finished POTL and taken any residual annual leave, you'll be either bored senseless or skint an will be chomping at the bit to get back to work!
 

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