Earnings Periods: Accrued holiday pay entitlement on leaving employment
On leaving employment, an employee may get accrued holiday pay, eg so much for eachmonth they have been with the employer in a 12-month period.
Contract ends on last day at work
If the employees contract of service ends at the time they stop work (whether ornot they then take a holiday), the employer should not treat the accrued pay as holidaypay. The employer must:
- treat it as an additional payment and add it to the employees pay for their final week or month, if monthly paid; and
- calculate the NICs on the total using the appropriate table.
If an employee, on leaving employment, receives their final 2 weeks ordinarywages, together with an amount representing their accrued holiday pay entitlement (but notranking as holiday pay because of the ending of the employment) aggregate the latteramount with whichever of the payments of ordinary wages for the final 2 weeks wouldnormally fall to be paid in that tax week.
Contract ends later than last day at work
If the contract continues until the employee has had a period of holiday afterfinishing work, the employer should regard the additional payment as holiday pay and treatit as such. The basis of this distinction is that a person cannot be on holiday from anemployment after that employment has ended.
Payments made after State Pension Age
The normal rules apply to holiday payments made after State pension age, see NIM36000.