Bank Holidays and Pay

fruitbat_2

Hi there, hope I'm posting in the right place.

I'm a bit confused about my holiday pay. My contract says 20 days plus BH. I work 20 hours a week, so think I'm entitled to approx 12 days pro rata, plus some BH entitlement.
We are 3 part-time staff, of which I'm the only one who doesn't work Mondays. As far as I know my colleagues are getting the BHs paid, but not working, whereas because I'm not scheduled to work on Mondays I'm not being paid, so should I get some lieu time instead?

On one hand I would feel a bit bad for asking, because I work for a charity, but on the other hand I get paid buttons, I do plenty of unpaid overtime, get no other benefits and if other people are getting paid time off, why shouldn't I? What makes it worse is that I changed hours the week before Easter so I didn't get good Friday as a paid BH either! I have a 6 month review coming up in a few weeks, which would be a good time to raise this, but want to make sure I'm not asking for something I'm not entitled to.

Thanks for any advice.

getmore4less

20+ bh(8) is statutory minimum for a full time 5day worker so you should prorata 28days from full time to your part time.

what hours do full time 5days a week workers do

Will depend on your work pattern whats the best way to do this hours or days.

What days/hours do you work?

anamenottaken

fruitbat wrote: »

Hi there, hope I'm posting in the right place.

I'm a bit confused about my holiday pay. My contract says 20 days plus BH. Does it really simply say "plus bank holidays" or does it spell out which bank holidays? I work 20 hours a week, so think I'm entitled to approx 12 days pro rata, plus some BH entitlement. You are entitled to the same proportion of the holidays as your 20 hours are of a full-time post. What hours does a full-time person work?
We are 3 part-time staff, of which I'm the only one who doesn't work Mondays. As far as I know my colleagues are getting the BHs paid, but not working, whereas because I'm not scheduled to work on Mondays I'm not being paid, so should I get some lieu time instead?

On one hand I would feel a bit bad for asking, because I work for a charity, but on the other hand I get paid buttons, I do plenty of unpaid overtime, get no other benefits and if other people are getting paid time off, why shouldn't I? Because you weren't working on the bank holiday, you don't get paid for it directly but you would be entitled to your proportion of it. What makes it worse is that I changed hours the week before Easter so I didn't get good Friday as a paid BH either! In what way changed hours? Just a difference in the days you work or the number of hours you work? I have a 6 month review coming up in a few weeks, which would be a good time to raise this, but want to make sure I'm not asking for something I'm not entitled to.

Thanks for any advice.

.............

paddedjohn

How many days a week do you work? You are entitled to 5.6 weeks leave so if you work a 4 day week you should be getting 22.4 days per year, this can include the bank holidays but since you don't work on a Monday you won't be affected for the most part. The full time staff who are off on bank holidays and are paid will be using up their hol entitlement whilst you won't.

Kynthia

I don't know if it's the same everywhere but where I work part time workers work out their pro-rata annual leave and bank holiday leave. They then use their bank holiday leave to take off bank holidays at the full day rate. If they don't have enough bank holiday leave they then need to top it up with their annual leave.

If your non-working day falls on a bank holiday then you can chose to use your bank holiday leave and move your non-working day to another day in that week. Or you can not work it as normal which means not using up bank holiday leave that you might be running out of. Therefore any part time staff that usually work on Mondays would have to use their bank holiday leave and then when that runs out start using their annual leave.

Is there not a staff manual with how bank holiday leave for part time staff works?

getmore4less

Kynthia wrote: »

I don't know if it's the same everywhere but where I work part time workers work out their pro-rata annual leave and bank holiday leave. They then use their bank holiday leave to take off bank holidays at the full day rate. If they don't have enough bank holiday leave they then need to top it up with their annual leave.

If your non-working day falls on a bank holiday then you can chose to use your bank holiday leave and move your non-working day to another day in that week. Or you can not work it as normal which means not using up bank holiday leave that you might be running out of. Therefore any part time staff that usually work on Mondays would have to use their bank holiday leave and then when that runs out start using their annual leave.

Is there not a staff manual with how bank holiday leave for part time staff works?

restricting BH holidays to weeks with BH in them just complicates, what happens if you have not used up all you BH holidays and there are no more BH weeks

The advantage of having them seperate is they have to round up both so you could end up with more holiday.

LittleVoice

getmore4less wrote: »

restricting BH holidays to weeks with BH in them just complicates, what happens if you have not used up all you BH holidays and there are no more BH weeks

The advantage of having them seperate is they have to round up both so you could end up with more holiday.

Statutory holiday entitlement does not have to be rounded up. It is the case that it cannot be rounded down. An employer can be as precise as they wish.

fruitbat_2

A bit more info:

There are no full-time staff, just part-timers.

My contract says I'm entitled "In addition to the normal bank and public holidays, to twenty days leave a year". Obviously I PR the 20 days.

What confuses me more is that because I work 2 half days and 2 full days (which to me = 3 days worked, spread over 4 days), my boss says I have 16 days holiday (i.e. 4/5 of normal) because I work 4 days a week. So if I take holiday when I'm only working a half day, it's 1 day of my entitlement. Same if I take a full day. Under the same system a staff member who works 5 mornings a week gets 20 days holiday (but each is only a half day IYSWIM) but she will get paid for every BH. I'd much rather have 12 days PR leave and take a half or full day as appropriate, I'd find this less confusing. Hope you're still with me!

IF that helps anyone to advise what I should be asking for, then please go ahead!

paddedjohn

As I said previously you are entitled to 4/5ths of a full holiday entitlement, this means you should get 22.4 days leave regardless of bank hols.Because of your shift pattern, 2 full and 2 half days you should get 11.2 days at your full rate and 11.2 at you half day rate.

anamenottaken

fruitbat wrote: »

A bit more info:

There are no full-time staff, just part-timers.

My contract says I'm entitled "In addition to the normal bank and public holidays, to twenty days leave a year". Obviously I PR the 20 days.

What confuses me more is that because I work 2 half days and 2 full days (which to me = 3 days worked, spread over 4 days), my boss says I have 16 days holiday (i.e. 4/5 of normal) because I work 4 days a week. So if I take holiday when I'm only working a half day, it's 1 day of my entitlement. Same if I take a full day. Under the same system a staff member who works 5 mornings a week gets 20 days holiday (but each is only a half day IYSWIM) but she will get paid for every BH. I'd much rather have 12 days PR leave and take a half or full day as appropriate, I'd find this less confusing. Hope you're still with me!

IF that helps anyone to advise what I should be asking for, then please go ahead!

I asked about the wording regarding bank holidays because this year there are nine bank/public holidays, not eight as in a normal year. If in fact your written particulars say you are entitled to those days plus 20 days and doesn't say these are pro-rated to any notional full-time person then that is what you are entitled to. However you probably would not want to argue that point.

anamenottaken

paddedjohn wrote: »

As I said previously you are entitled to 4/5ths of a full holiday entitlement, this means you should get 22.4 days leave regardless of bank hols.Because of your shift pattern, 2 full and 2 half days you should get 11.2 days at your full rate and 11.2 at you half day rate.

Agreed that the entitlement is 22.4 days (including a bank holiday allowance) and that they could be split as you describe.

The two 0.2 days are a bit of a problem but might be useful for getting away early for a long weekend or to take time out for some personal business.