Q: We have an employee who is taking 6 weeks annual leave, he doesn’t have enough leave to cover this so has requested that we pay him 3 days annual and 2 days lwop each week.
If we do this, should his leave for the full period be calculated at the beginning or should it be at the beginning of each week because the LWOP means it is not continuous annual leave.
A: As the LWOP is broken each week with annual leave under the Holidays Act as it is less than a week it is counted as continuous employment. So, the rate at the start of this period can be used throughout the period.