Holiday Entitlement and Bank Holidays

paddedjohn

A full timer gets 31 days plus 8 bank hols, a total of 39 days per year, you work 2.5 days so should get 19.5 days in total which can include the bank holidays. You work Mondays so are off for at least 5 bank hols so should be paid for these and still have 14.5 days left to take.

tomnat

Yes I've worked in local government for 22 years now and was always full time til I had my last child and we started off with 25 days leave and then 28 and 31 depending on how long you have worked for them. Bank holidays have always been in addition to Ann leave.
The bad side of it is we haven't had a payrise for 5 yrs, staff levels have been halved,workload doubled and constant reorganisation means in the next month or so I may be have to undergo interviews again my colleagues just to keep the position I've held for 22 years!! :-(

getmore4less

buckedoff wrote: »

I'm wondering if anyone can help with me with a problem i'm having with holiday entitlement and bank holidays.

I work part time, four day per week. This gives me a statutory entitlement of 22.4 per year.

I do not work Mondays, my employer is trying to take 8 days holiday from my entitlement to account for the bank holidays, even though this is my normal day off.

What sites or links can I use to prove this is wrong and that I should not legally be penalised because most bank holidays are on Mondays.

Please help!

Remind them that if they take a days holiday for the BH you don't normaly work they have to pay you extra that week.

And they owe you a bit more holiday because you have worked an extra day

JodyBPM

tomnat wrote: »

I'm having a similar problem with my work place which I could do with some advice on.
I work in local government and currently work 18.5 hours per week job sharing with a colleague.
I work all day Monday, all day Tuesday and half a day Wednesday. My line manager has just come to me this week and told me that I'm only entitled to half a days leave for bank holidays and I need to repay the leave I owe for last years bank holidays.
I tried arguing that as almost all the bank holidays fall on Mondays, which is a normal day of work I should be entitled to the whole day off.
This would work out that when I get my leave entitlement in April, I will get 15 days, out of which approximately 3-4 days will need to be taken for bank holidays leaving me with 10-11 for a whole year.
My colleague who job shares with me will keep his full entitlement as there's only really Easter where there's a Friday bank holiday and this is negated by Easter Monday (and poss Xmas).
Plus he will also receive a half day for each bank holiday that is in the first half of the week.
I feel this is so unfair. I've tried speaking to our HR dept but they are useless and our Unison rep isn't much better.
Anyone know if they are correct to do this? I went job share after returning from maternity leave but this sort of thing is hardly an incentive to get women back in the workplace!

Your employer is correct. You are not entitled to more paid leave just because you are the half of the job share whose normal working day falls on a Monday. You are entitled to bank holidays pro-rata'd to your working hours, not a full time bank holiday entitlement. In real terms this means that someone working on a Monday will likely have to use some of their a/l to cover bank holidays, whereas someone who doesn't work on a Monday will likely have bank holiday hours left to add on to their annual leave. Overall, however, this works out as you both getting exactly the same amount of leave, since the one not working on a Monday is not actually getting paid leave on that day.

anamenottaken

tomnat wrote: »

I'm having a similar problem with my work place which I could do with some advice on.
I work in local government and currently work 18.5 hours per week job sharing with a colleague. Assuming 37 hours is full-time hours, that's half a week.
I work all day Monday, all day Tuesday and half a day Wednesday. My line manager has just come to me this week and told me that I'm only entitled to half a days leave for bank holidays and I need to repay the leave I owe for last years bank holidays.
I tried arguing that as almost all the bank holidays fall on Mondays, which is a normal day of work I should be entitled to the whole day off. Yes, you are entitled to the whole day off - but it comes off your proportional holiday entitlement.
This would work out that when I get my leave entitlement in April, I will get 15 days, out of which approximately 3-4 days will need to be taken for bank holidays leaving me with 10-11 for a whole year.
My colleague who job shares with me will keep his full entitlement as there's only really Easter where there's a Friday bank holiday and this is negated by Easter Monday (and poss Xmas).
Plus he will also receive a half day for each bank holiday that is in the first half of the week. What your jobshare colleague gets isn't your concern. Your comparison is with the total (normal and bank holiday) entitlement of a full-time employee - and it's proportionate to that.
I feel this is so unfair. I've tried speaking to our HR dept but they are useless and our Unison rep isn't much better.
Anyone know if they are correct to do this? I went job share after returning from maternity leave but this sort of thing is hardly an incentive to get women back in the workplace!

The Bank Holidays are part of the leave entitlement of the full-timers. It is 31 days (or whatever increment they have reached) plus 8 bank holidays. That's 39 for someone who has worked there 22 years. So, as you work for half the time of a full-timer you are entitled half the entltment, 19.5 days. (You don't need to work it out in hours, by the way.)

When there is closure for a bank holiday on a day you would have worked, you have one day deducted from your entitlement (or half a day if it falls on a Wednesday).

The entitlement in law is to 5.6 weeks and that converts to 5.6 weeks of your weeks including the bank holiday Mondays. You get time off for the rest of the week.

nonnatus

You're all very good at explaining things clearly, I wonder If you can help me get my head around this one:

I work 32 hours a week over four days, mon-thurs. Never work bank holidaysetc. LOVE my job.

I've worked out my holiday entitlement is 22.4 days a year, employed has rounded it up to 24 days, so two days per calendar month.

If I take a week of my holiday, the Boss deducts FIVE days holiday from me because I am taking mon, tues, wed, thurs AND FRIDAY as holiday, regardless of whether I actually work the friday normally. The Boss COULD ask me to come in and work Fridays if needed, it's just I'm not normally needed.
Is that right?

Because someone else (Troublemaker :cool:) is saying that my Boss should only be using FOUR days of my holiday when I take a week off. It makes a big difference because doing it one way gives me SIX weeks holiday, the other way gives me just four...

Sambucus_Nigra

Minimum entitlement is 5.6 weeks.

Because yours is calculated at 5.6 x 4 = 22.4...it's the days he should be calculating so if you take 4 days, then 4 days comes off your entitlement.

If he kept it at 5.6 weeks, then he would be able to take one week off if you took 4 days.

mommacrab

tomnat wrote: »

I'm having a similar problem with my work place which I could do with some advice on.
I work in local government and currently work 18.5 hours per week job sharing with a colleague.
I work all day Monday, all day Tuesday and half a day Wednesday. My line manager has just come to me this week and told me that I'm only entitled to half a days leave for bank holidays and I need to repay the leave I owe for last years bank holidays.
I tried arguing that as almost all the bank holidays fall on Mondays, which is a normal day of work I should be entitled to the whole day off.
This would work out that when I get my leave entitlement in April, I will get 15 days, out of which approximately 3-4 days will need to be taken for bank holidays leaving me with 10-11 for a whole year.
My colleague who job shares with me will keep his full entitlement as there's only really Easter where there's a Friday bank holiday and this is negated by Easter Monday (and poss Xmas).
Plus he will also receive a half day for each bank holiday that is in the first half of the week.
I feel this is so unfair. I've tried speaking to our HR dept but they are useless and our Unison rep isn't much better.
Anyone know if they are correct to do this? I went job share after returning from maternity leave but this sort of thing is hardly an incentive to get women back in the workplace!

This is correct.

I also used to work a job share, my days the same as you.

It does seem unfair but it is correct that you are only entitled to half of every bank holiday, including Good Friday or any at Christmas that fall in the latter part of the week. Your job-share colleague is entitled to the other half of the bank holidays so they will get a credit on their time for the bank holiday Mondays.

As part-timers/job-sharers our annual leave entitlement would be worked out in hours rather than days. Any bank holidays that we were not entitled to had to be taken off our annual leave entitlement although we were also allowed to work it back.

As a Local Government Officer is it possible to work extra during the weeks leading up to the bank holidays? Does your Authority work a flexi-time system where you could make up credits?

anamenottaken

mommacrab wrote: »

This is correct.

I also used to work a job share, my days the same as you.

It does seem unfair but it is correct that you are only entitled to half of every bank holiday, including Good Friday or any at Christmas that fall in the latter part of the week. Your job-share colleague is entitled to the other half of the bank holidays so they will get a credit on their time for the bank holiday Mondays.

As part-timers/job-sharers our annual leave entitlement would be worked out in hours rather than days. Any bank holidays that we were not entitled to had to be taken off our annual leave entitlement although we were also allowed to work it back.

As a Local Government Officer is it possible to work extra during the weeks leading up to the bank holidays? Does your Authority work a flexi-time system where you could make up credits?

No: they are entitled to all of any bank holiday on which they would otherwise be working but the whole day is deducted from their entitlement. What happens to the job share person is of no consequence. The comparison is not with them, it is with a full-time person and their total entitlement.

If they only have a half day deducted from their entitlement when they don't work on a bank holiday when they would otherwise be working, it would be unfair in that they would be getting more holiday - after all they are still not going to be working for the half day not counted as paid leave in your method.

paddedjohn

mommacrab wrote: »

This is correct.

I also used to work a job share, my days the same as you.

It does seem unfair but it is correct that you are only entitled to half of every bank holiday, including Good Friday or any at Christmas that fall in the latter part of the week. Your job-share colleague is entitled to the other half of the bank holidays so they will get a credit on their time for the bank holiday Mondays.

As part-timers/job-sharers our annual leave entitlement would be worked out in hours rather than days. Any bank holidays that we were not entitled to had to be taken off our annual leave entitlement although we were also allowed to work it back.

As a Local Government Officer is it possible to work extra during the weeks leading up to the bank holidays? Does your Authority work a flexi-time system where you could make up credits?

Please ignore this as it is wrong.