Just some holiday info...

donnacraig1984

My OT works as a care assistant, and is contracted to work 5/7 days. The rota for each month is put up at the begining of the month she has had every Monday off since she started there 8years ago. Everytime a bank holidays comes up they take a days holiday from her leave, she gets 30days per year. Example this week her days off are Monday and Tuesday and works the other 5, but they are still taking a holiday from her, resulting in 6days pay. But she doesnt want 6 days pay she wants the holidays. Is this right? Hope it all makes sense.

Thanks Craig

Oldernotwiser

Are you saying that she doesn't usually work on a Monday?

donnacraig1984

Yup.

Craig

penguingirl

So according to her rota she only gets one day off? and 5 shifts and one A/L?

That seems weird to me. I've worked as a HCA doing shifts and we always got 2 days off per week, and then annual leave was additional. So it comes to 37.5 hrs per week. So a week's holiday was 5 days (plus 2 off). And if you were jammy you could have a 4 day break if it ran across 2 weeks (ie work 5 off 2, off 2, work 5).

I would get her to speak to management and reiterate that she wants 2 days off per week (ie. to add up to 37.5 hers p/w including A/Ls). Having 5 days in and one A/L comes to 45 hrs, so she should be demanding extra pay for it!

Edit: Just re-read and she does get extra pay- but I still think that she has to choose to do that.

Proc

Has she actually said to her boss:

"I would rather have the holiday than 6 days pay"?

Savvy_Sue

I'm reading this that the OP's wife works a 5 day week, but never on a Monday. So every time there is a b/h on a Monday, the OP's wife is rostered as being on leave, but given a day's holiday pay, thus being paid for 6 days instead of 5. If that is what is happening, then I agree with Proc that asking for just 5 days pay in those weeks should give her the extra leave.

Or is she ever rostered for 4 days in those weeks, and paid for 5?

She should get the same number of paid holiday days as anyone else working a 5 day week, and everyone should have to 'book' holiday for any bank holidays they would normally work, but don't wish to (if that makes sense).

donnacraig1984

Got it in 1 Sue she rostered for 5 and given a days holiday (bh) even though it is her day off.
So it wrong in what they are doing?
I said it is but apparently (spelling) the HR lady phon ACAS and thats how it is, I've searched websites to get somthing in writing anyone any idea where i can this from.
Thanks Craig.

MissRose

Hi,

It depends very much on whether her holiday entitlement is inclusive of bank holidays. It is with a lot of employers, just some give employees the choice of when to use them. They don't have to do this.

Please see below:

The basics of holiday rights

There is a minimum right to paid holiday, but your employer may offer more than this. The main things you should know about holiday rights are that:

• you are entitled to a minimum of 5.6 weeks paid annual leave (28 days for someone working five days a week)
• part-time workers are entitled to the same level of holiday pro rata (so 5.6 times your usual working week, eg 22.4 days for someone working four days a week)
• you start building up holiday as soon as you start work
• your employer can control when you take your holiday
• you get paid your normal pay for your holiday
• when you finish a job, you get paid for any holiday you have not taken
• bank and public holidays can be included in your minimum entitlement
• you continue to be entitled to your holiday leave throughout your ordinary and additional maternity leave and paternity and adoption leave