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Salary Instead of Annual Leave & 180 Day Absence Rule

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Oriens
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Joined: Tue Mar 10, 2020 9:37 pm
Australia

Salary Instead of Annual Leave & 180 Day Absence Rule

Post by Oriens » Sat Mar 13, 2021 12:28 pm

I've been in a situation where its been difficult to take my annual leave for the current year, and my companies year ends at the end of March.
They've been very generous and offered me salary instead of leave for the additional leave I can't carryover to next year.
Being a tier 2 employee though makes me slightly cautious about it. I'm not sure if this is classified as a temporary salary increase or an 'allowance'. I did see that in the guidance @ https://assets.publishing.service.gov.u ... 0_v1.0.pdf
they have actually added in a new bullet point clarifying that they no longer care about reporting of salary increases:
C1.12, 5th bullet point: clarification that sponsors no longer need to report any increases to the worker’s salary [pg.6]
Does this mean it should be no problem at all to get this leave paid as salary? I (mis?)remembered previously that increases in salary had to be reported, but it seems this is no longer the case? I suppose this also extends to a one off increase in salary not needing to be reported anymore, unless that increase is also associated with a promotion?

Secondly, if I use a large portion of my leave to spend time overseas for a significant period of time in one go, say 45 days (roughly 30 business days), with potentially maybe 5 of those days as unpaid leave or working remotely, is that too long a time period for a single period of time - is there any tucked away rule about a significant period of absence in one go? I'm aware its comfortably within the 180 days rule. I think the only thing is that I can't take more than 30 days unpaid leave and that if I do take unpaid leave that my employer must report it in the system?

Thank you.

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