Q: One of our employees has been on leave without pay since October 2022. It was agreed that his anniversary date for annual holidays entitlement will be moved out by the period of leave without pay, in excess of his first week of unpaid leave. But now he has handed in his resignation and will not return to work when his LWOP ends. His last day will be 31/03/2023.

In this case, will his holiday pay be based on the day he started unpaid leave or at the end of his notice period being 31/03/2023?

A: Termination and holiday pay would be based on the end of the employees notice period not when unpaid was started (it is not like parental leave).