Annual leave

AdamB

I've been trying to work out my annual leave for next year (holiday year runs 1st May until 30th April. According to the system at work, I am entitled to 132 hours, but I work it out as 168 hours. Who is right? The policy is:

Holidays
Our Approach
We want to build long-term relationships with our employees who are committed to the
growth of the business and we have designed our holiday entitlements to reflect that
commitment.
Eligibility
Paid holiday entitlement is given to all employees regardless of whether they are temporary
or permanent.
The holiday year runs from 01 May to 30 April.
Entitlement
Annual holiday entitlement is calculated by the employee’s complete years service as at the
end of the current holiday year i.e. for holiday year commencing May 2003, check the
employee’s complete years of service at April 2004, and then apply to the holiday
entitlement table.
Example:
Alex has a start date of 01 December 2000. At April 2004 Alex will have 3 years 5 months
service. Therefore, from May 2003 Alex is entitled to 23 days annual leave.
Holiday entitlement is allocated at the beginning of the holiday year according to length of
service.
Holiday Pay
This is based on an individual’s basic contractual pay.
Leavers
If an employee were to leave part way through the year then holiday entitlement is based
on the number of completed months worked.
Upon leaving ******* employees will have any outstanding / overpaid holiday calculated
for payment / repayment. In cases of Gross Misconduct ******** reserves the right to
withhold any un-taken annual leave and in all cases will reclaim any monies in excess of
the employees entitlement.
Customary Holidays
Employees who are requested to work on customary holidays (i.e. bank holidays) will be
entitled to overtime at double time OR time off in lieu.
Religious Holidays
In line with our equal opportunities policy, we need to respond to the ethnic and religious
requirements of all our employees whenever possible.
If an employee needs time off for a principal religious holiday of their faith, we will endeavor
to rearrange the working week to allow time off, or allow the employees to take a days
annual leave. If this is not possible, then unpaid leave may be considered. In all situations, we must ensure that our reasoning is consistent for everyone and we must
be able to justify our decisions to show that when applying any rule of criteria, we are not
discriminating in any way.
Sickness During Holiday
Holidays can be postponed or re-arranged if an employee falls sick immediately before a
holiday begins.
Holiday is defined as starting from the end of the last working day/shift before the holiday.
Otherwise, holidays are not normally re-arranged once started.
If an individual cannot take their full entitlement in one holiday year because of prolonged
illness, they are still entitled to holiday pay. Your HR Representative should be asked to
give them a credit payment at the end of the holiday year for any outstanding entitlement.
Otherwise, holiday cannot be carried over and there is no payment for holidays not taken.
Alternatively, an employee may notify their Line Manager whilst they are on long term sick
leave that they wish to take paid holiday. Please contact your HR Representative for further
advice.
Holiday Dates
Holidays must be taken within the ******** holiday year. Under no circumstances may
holiday entitlement be carried over to the new holiday year and / or payment given for any
holiday day(s) not taken.
Employees must take a minimum of 5 consecutive working days holiday at least once in
each holiday year.
Extended Holiday Leave
Unpaid leave is only granted in exceptional circumstances and where business commitment
allows.
Holiday Entitlement Table
Annual entitlement for full-time for employees
Complete Years Service Entitlement of days per annum
Less than 1 year 22 pro rata over complete months
Less than 3 years 22
3 years 23
4 years 24
5 years or over 25
Holiday Entitlement Calculation for Employees who
Work Shifts
All holiday entitlement including Bank Holidays is calculated on an annualised basis in
hours not days. To convert the entitlement from days to hours, please see the following
example:-
Example:
36 hours per week = 7.2 hours per day @ 22 days entitlement = 158.4 hours per annum
37.5 hours per week = 7.5 hours per day @ 22 days entitlement = 165 hours per annum
The actual hours which would normally be worked on a holiday day are then deducted from
the annual entitlement.
Example:
Someone working 36 hours per week, 4 days on / 4 days off @ 10.25 hours per day has an
entitlement of 158.4 hours per annum. If they took 4 shift days as annual leave, this would
equate to 41 hours to be deducted from their entitlement.
The same calculation applies to Bank Holiday leave.

The email I got from someone in our HR dept regarding this:

Hi AdamB,

You annual holiday entitlement is 132 hours. Full time equivalent would be 165 hours for the first 2 years service. In order to work out how many hours you are entitled to, the following calculation applies:

165 hours / 37.5 hpw x 30 hpw = 132

As you joined part way through the year, you will need to apply the following calculation to work out how many hours hours you are entitled to from 27.07.2011 until 30.04.2012:

165 hours / 37.5 hpw x 30 hpw / 12 months x 9 months = 99 hours

Note: You will only accrue holiday entitlement for the number of whole months worked.

You have taken 30 hours holiday, so you have 69 hours remaining up until 30.04.2012.

Kind regards,

Another email I received was:

Hi AdamB,

Direct.gov.uk have taken into account bank holidays, whereas your terms of employment have not, so you are entitled to 22 days + 8 bank holidays. Your holiday entitlement will increase with the number of years of service. Therefore, the calculations on that website may vary considerably from the terms stated in your contract.

You will also notice that the website instructs you to refer to your contract of employment and this is purely because policies vary from company to company to suit business needs. Having said that, I can assure you that we would not incorporate anything in our terms and conditions that contradict the legal rights of an employee.

Any help with this would help loads.

Thanks

paddedjohn

You are correct in that you are entitled to 168 hrs leave/yr minimum based on a 30 hour week but this can include the bank holidays if your employer wish's. Do you normally work on a bank holiday?
your contract states 22days plus bank holidays so really you should be getting 180hrs holiday per year

just to add, its a red herring that only full months count towards holiday entitlement, you start earning as soon as you start work.

Poppy9

Full time = 22 days

22 days x 7.5 hours per day = 165 hours

you work part time so your leave is pro rata to

165/37.5 x 30 = 132

Bank holidays are obviously dealt with separately. In my LA we are entitled to a pro rata amount based on hours work if you are part time.

So when I was part time (20 hours a week) I was entitled to 33 days leave pro-rata plus 4 hours for every bank holiday (20/37 of 7.24 day)

AdamB

paddedjohn wrote: »

You are correct in that you are entitled to 168 hrs leave/yr based on a 30 hour week but this can include the bank holidays if your employer wish's. Do you normally work on a bank holiday?

My normal working days are Mon, Wed, Fri one week and then Mon, Fri and Sat the next week. So its going to be all of them next year except the Jubilee.

PasturesNew

A full timer works 37.5 hours/week and gets 30 days off over a full year.

You are a part-timer, I assume 4 days/week (30 hours, not 37.5 hours), and you started 1/4 way into the leave calendar.

4 days/week = 80% of full-time
1/4 way into the leave calendar = 75% of the annual leave year left.

Therefore it's 135 hours, so there must be another small rounding/adjustment I've omitted... but 132 more correct than 168 would be.

https://www.google.com/#sclient=psy-ab&hl=en&source=hp&q=30*7.5*.8*.75&pbx=1&oq=30*7.5*.8*.75&aq=f&aqi=&aql=&gs_sm=e&gs_upl=114156l114156l8l114406l1l1l0l0l0l0l0l0ll0l0&bav=on.2,or.r_gc.r_pw.,cf.osb&fp=73ef3b6b92d39152&biw=1070&bih=529

From 1st May next year, you'd be into a new leave year and so would get 80% of a full timer's whole year = 168.75

Your calculations have not taken into account that you weren't there on 1 May when the annual leave year started.

AdamB

PasturesNew wrote: »

A full timer works 37.5 hours/week and gets 30 days off over a full year.

You are a part-timer, I assume 4 days/week (30 hours, not 37.5 hours), and you started 1/4 way into the leave calendar.

4 days/week = 80% of full-time
1/4 way into the leave calendar = 75% of the annual leave year left.

Therefore it's 135 hours, so there must be another small rounding/adjustment I've omitted... but 132 more correct than 168 would be.

https://www.google.com/#sclient=psy-ab&hl=en&source=hp&q=30*7.5*.8*.75&pbx=1&oq=30*7.5*.8*.75&aq=f&aqi=&aql=&gs_sm=e&gs_upl=114156l114156l8l114406l1l1l0l0l0l0l0l0ll0l0&bav=on.2,or.r_gc.r_pw.,cf.osb&fp=73ef3b6b92d39152&biw=1070&bih=529

From 1st May next year, you'd be into a new leave year and so would get 80% of a full timer's whole year = 168.75

Your calculations have not taken into account that you weren't there on 1 May when the annual leave year started.

It is next years leave I am trying to work out (although I'm guessing if next years allowance is wrong, then so is this years). My contract is based over 4 working days, but i squeeze it all into 3.

paddedjohn

next year 180hrs