Annual Leave - part-time equivalent

Burnley_Lad

My wife has recently reduced her hours to 21 hours per week (3 x 7 hour days per week).

The full-time annual entitlement is 19 days holiday (the company also give an extra day between Christmas and New Year to make it up to the minimum 20 days holiday). The extra day is likely to fall on a usual working day for her this year, so this isn't an issue this year.

The issue is one of how much annual leave she would be entitled to.

I'd previously worked it out that she would get 11.4 days holiday in 2010 (19 divide by 5, times by 3).

However, she has received a letter today from her employer advising her that she would get 11 days holiday - it looks like her employer has rounded it down!

Is her employer allowed to do this?

tigtag02

The statutory minimum is 28 days or 5.6 weeks

Your wife is entitled to 117.6 HOURS holiday in one year -I beleive this should be rounded up to 118.

How many days a week does she work?

This calculation includes having to deduct hours / days for any entitlement taken on a BH if (and only if) she is due to work on said BH.

HTH
tt

getmore4less

Does this include bank holidays.
Will her 3 days fall on bank holidays

pinkshoes

She works 56% of a 37.5 hour week, so would get 56% of 28 days holiday, so 15.68 days (or 117.6 hours). If she is working 7 hour days, then this equates to 16.8 days holiday.

I would ask the employer to show their calculation of the holiday entitlement, as perhaps they made a mistake?

Burnley_Lad

Thanks for your replies. My wife normally works on Wednesdays, Thursdays and Fridays, so as most of the bank holidays fall on Mondays, she wouldn't get paid for bank holidays when they do fall on Mondays.

So does the 56% of 28 days holiday calculation still apply?

wuckfit

Yes I think it does.

jazzyman01

Companies have varying working weeks so you should not look at 37 hours as a benchmark.

Your wife works 3 days per week. Her legal entitlement is therefore 3/5ths of 28, as you state above. They cannot round it down or they will be breaking the law.

My calculation shows it is 16.8 days holiday that she would be entitled to.

Burnley_Lad

thanks again for the further replies, but I'm still a little confused.

Surely it should be 3/5ths of 20 days, not 28. The majority of the bank holidays fall on a non-working day for my wife, so she wouldn't get paid for these, nor accumulate holidays.

iamana1ias

Burnley_Lad wrote: »

thanks again for the further replies, but I'm still a little confused.

Surely it should be 3/5ths of 20 days, not 28. The majority of the bank holidays fall on a non-working day for my wife, so she wouldn't get paid for these, nor accumulate holidays.

Doesn't matter, 28 is the minimum. The days worked make no difference.

Burnley_Lad

Thanks, I've now found the relevant section on the direct.gov.uk website:

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If you are part time and your employer gives workers additional time off on bank holidays, this should be given pro rata to you as well, even if the bank holiday does not fall on your usual work day.

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That seems very generous to me, but if that's what it says on the government's website, who am I to argue?

iamana1ias

Burnley_Lad wrote: »

Thanks, I've now found the relevant section on the direct.gov.uk website:

---

If you are part time and your employer gives workers additional time off on bank holidays, this should be given pro rata to you as well, even if the bank holiday does not fall on your usual work day.

---

That seems very generous to me, but if that's what it says on the government's website, who am I to argue?

Get the idea that it's generous out of your head. It's fair, that's all!