Bank Holiday Entitlement in a Job Share

sparky40

Hi All,

Looking for a little advice, I have 2 members of staff who have come back to work after maternity leave and are doing a job share. One does Monday/Tuesday and one does Thursday/Fri, with both doing half day Wednesday.

The girl who does Thursday/Friday is querying her bank holiday entitlement. She does not work a Monday as part of the job share, is she still entitled to a a day in lieu for a bank holiday that falls on a day she doesnt work?!?

It may sound like a silly question but she is now claiming that if we dont give it to her we are discriminating against her as the other staff members are getting more days off than she is. In a way I can kinda see where she is coming from, but just wanted clarification on the matter.

If anyone can help it would be appreciated, or point me to the correct website!!

Many Thanks!

KiKi

Hi there

For part timers, you shouldn't calculate AL and BHs separately. You should base the calculation on total paid leave (ie, BHs and AL together).

Let's say your AL entitlement is 20 days, and BHs are 8. So a full timer gets 28 days.

Pro rata for your part timers and it's 14 days paid leave a year. So with BHs:
a) if a BH falls on a working day, they get the day off, and it comes out of their total paid leave entitlement
b) if a BH doesn't fall on a working day, nothing happens to their paid leave at all

This way, all part timers get the correct amount of holiday. However, some may get less flexibility in when they can take their holiday - for eg, if your workplace ALWAYS has BHs off, then part timers who work Mondays have to take holidays on all the Mondays, so have less leave available for other days. But that's perfectly legal - as long as they get their 14 days paid through the year.

So your staff member MAY be right - if she isn't getting her paid holiday entitlement. But that's why you need to add up her total leave, and not just look at BHs separately.

HTH
KiKi

princessdon

That's how it works at my company. The AL entitlement for me is 30 days plus the 8 days (or 9 this year) and divided by 2 for a 0.5 post.

We both have to use our AL on Bank Holidays. I work a Mondays and I need to use AL to take these off.