Chosen by Asker

Yes, you are correct - you would calculate her entitlement from February. If you use a standard employment contract in your organisation, it should say in her case that her start date is 6 February 2009, and it should have a clause which says "no period of previous employment will count towards your continuous employment with the organisation" or something like that - which effectively means that she has the same rights as anyone who started on 6 February 2009, and it makes no difference that she has worked for the company before. BTW to those who always post unhelpful comments like "ask a lawyer" - there are plenty of HR professionals who visit this site frequently (I am one myself) and they are well versed in employment law! Unless it is a particularly complex situation (and this isn't) then there is no need to seek legal advice.

by Cari

6 months ago

Asker's Rating: 

If you want a proper answer, don't ask us, ask a lawyer. But logic would seem to suggest that her contract started in February, so that is the qualifying date for any leave entitlement. By resigning last year she severed all formal connection with you.

by za- 6 months ago

I would agree that she only gets it from february as she left and came back. However I would get proper advice from someone who knows about employment law so she doesn't stitch you up over it.

by lbaker2656- 6 months ago

The others are correct but why does she think she can go all the way back to Sept. SHE resigned, not employed by you, just curious where her thinking is.

by sissy- 6 months ago

From when her contract started again when she came back till the end of oct. feb - oct only

by starfox- 6 months ago