Going back to work part time.. Bank Holidays?

minnie123

Hi,
I am going back to work after maternity leave in a few weeks. I was full time before but am going back part time (3 days a week). My employer sent me a letter today saying that is fine but they want me to work Tue, Wed, Thu and that my holiday (previously 25 days) will be pro-rata and I will only be entitled to a bank holiday if it falls on my normal day of work (well it obviously won't if i'm working those days. I rang my boss because I can only get childcare for Mon, Tue & Wed so I wanted to see if I could work those days he said it should be ok but he has to speak to the HR manager. I said what happens about bank holidays, will I get 3/5 of them as I am part time (all the other workers get them on top of their holiday entitlement) He said no I won't get them I will just have to make the time up. This does not seem right to me. I would think I would get 3/5 of the 8 so that would be 4.8 days. Now I know 3 of these days would be used New Years Day, Xmas Day & Boxing day - so surely that would leave me with 1.8 to use on the remaining bank holidays. Who is right?

LittleVoice

They are trying to screw you on the bank holidays - whatever days you work they want to not give you a fair share of holidays.

Unstoppable_2

As there is already no legal right to paid bank holidays anyway, you're not being diddled out of anything. You will be entitled to 3/5 of the current 24 day entitlement. As your working week doesn't include Mondays, you're not losing out on any wages by not being paid bank holidays.

PasturesNew

If you're a part-time worker, you're still entitled to 4.8 weeks holiday – 4.8 of your normal working week (rising to 5.6 weeks pro rata from 1 April 2009). For example, if you work two days a week you have the right to a minimum of 9.6 days' holiday: 4.8 x 2 = 9.6.


You should be treated no less favourably if you are a part-time worker than an equivalent full-timer. This means that if your employer gives extra days off to full-timers they may have to give extra time off to part-time workers as well.

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10034642

PasturesNew

Here is a calculator from Business Link where you can calculate it for number of days or even hours/week
http://www.businesslink.gov.uk/bdotg/action/layer?r.l1=1073858787&topicId=1079427399&r.l2=1073858926&r.s=tl

jobbingmusician

It is illegal for them to treat you less favourably than full time workers. You are thus entitled to the same holiday as other people on the same grade, but obviously pro rata in your case.

There are 8 BH a year so you should get 60% of this for a 3 day a week job - that is, 4.8 days' BH entitlement. The thing about 'making the time up' could have been slightly lost in translation. If the office is closed on bank holidays, you could indeed find yourself in the position of having to make time up some years - it is quite possible that the office will be closed on more than 4.8 days when you would normally be working if you work Mondays, and Christmas/Boxing Day fall(s) on one of your normal working days.

Applepie_2

I'm delighted to find this thread. I've worked for nearly 3 years for an investment bank part time (2 days) and have asked for pro rata bank holidays a few times but have been told that it isn't their policy to pay part time workers bank holidays. Recently I revisited my contract and it says BHs apply according to laws in the jurisdiction and asked again but, still no joy. It always hits home at Christmas.

On top of this I've got to have a non-elective operation in a few weeks and they want me to take the time off as vacation. Hoping to be back after 2 weeks. At least there will be doctors certificate for this.

I know it needs addressing properly but you are made to feel that you are causing them more work and are a trouble maker.

This has given me the motivation to raise it this week.

DCFC79

Applepie wrote: »

I'm delighted to find this thread. I've worked for nearly 3 years for an investment bank part time (2 days) and have asked for pro rata bank holidays a few times but have been told that it isn't their policy to pay part time workers bank holidays. Recently I revisited my contract and it says BHs apply according to laws in the jurisdiction and asked again but, still no joy. It always hits home at Christmas.

On top of this I've got to have a non-elective operation in a few weeks and they want me to take the time off as vacation. Hoping to be back after 2 weeks. At least there will be doctors certificate for this.

I know it needs addressing properly but you are made to feel that you are causing them more work and are a trouble maker.

This has given me the motivation to raise it this week.

Your not causing trouble, your entitled to the holidays so go get them

Savvy_Sue

Applepie wrote: »

On top of this I've got to have a non-elective operation in a few weeks and they want me to take the time off as vacation. Hoping to be back after 2 weeks. At least there will be doctors certificate for this.

I don't think they can do that either! :eek:

If you have a sick certificate, you are NOT on leave, you are sick.

I don't suppose your contract says you get full pay when you are sick, but you would almost certainly be entitled to some Statutory Sick Pay (although not for the first 3 days of any illness), and if not that (because you don't pay enough National Insurance) then they should give you the forms for claiming something else.

Applepie_2

Thanks Savvy Sue and DCFC79. After seeing your note went to discuss with the doctor today and he's said that as I'm having major surgery, I can't go back for at least 4 weeks and he's written a sick certificate to the effect. He's also advised me to stick to my core working hours as there's been a big increase in my workload/hours since they were told about the op and it's making me feel worse. Haven't found their policy on sick leave for part timers (or SSP) but next time I'm in, I'll make some enquiries and see if I can find my contract. Feel much better for having the cert to show them.

LittleVoice

Applepie wrote: »

Thanks Savvy Sue and DCFC79. After seeing your note went to discuss with the doctor today and he's said that as I'm having major surgery, I can't go back for at least 4 weeks and he's written a sick certificate to the effect. He's also advised me to stick to my core working hours as there's been a big increase in my workload/hours since they were told about the op and it's making me feel worse. Haven't found their policy on sick leave for part timers (or SSP) but next time I'm in, I'll make some enquiries and see if I can find my contract. Feel much better for having the cert to show them.

If they offer better sick pay (pro rata) for full-time staff that is discriminatory and not lawful.