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Holiday entitlement when dropping to part time

(19 Posts)
TemporalUser5k Wed 24-May-17 19:52:50

Name changed as I suspect some of my colleagues are on here.

I am currently on maternity leave and am due to go back to work later this year. While on leave I have obviously accrued my usual holiday entitlement and bank holidays which HR have confirmed.

I am going to drop my hours to almost half (but still working every day).

I contacted HR and asked them how my holiday entitlement would be handled as I have accrued 27 days at a full time rate. Taking those as 27 days after I drop to part time hours means that I would lose money as those days would only be paid at my new part time salary even though they were accrued before I drop to part time.

Am I wrong in thinking that they should either pay those days at my full time rate or give me the full entitlement of my holiday in hours (more holiday for this year and going to normal accrual from the next holiday year)?

2014newme Wed 24-May-17 19:55:49

Yes ask them to recalculate it based on hours. So if a full time day is 8 hours x 27 days for example.
Are you sure you can carry over that many days from the previous holiday year?

MadameJosephine Wed 24-May-17 19:56:28

I'm pretty sure you are right and that they should give you the time in hours. Alternatively could you add the 27 days on to the end of your maternity leave and then reduce your hours at the end of that period?

BeyondThePage Wed 24-May-17 20:00:34

At my workplace you had to take off full time hours during full time employment - so like above would add the 27 days to maternity leave.

(I effectively added a month to my ML and then took the others at the new part time hours rate, taking a loss, as I would not have had enough for a later holiday otherwise.)

AnnoyedByAlfieBear Wed 24-May-17 20:02:05

When I went back, I stayed at my full time hours for the 4 weeks holiday they owed, then dropped to pt after I'd taken my holiday. So I never actually worked the ft hours, just got paid for them. Does that mane sense?

RandomMess Wed 24-May-17 20:06:39

The other option can be to go back full time and take half a day leave every working day until they are used up and then drop to part time hours.

Pootle40 Wed 24-May-17 20:08:39

You accrued your 27 days on full time hours - for example - 27 x 7 hours a day = 189 hours. So if you change to part time hours at the end of your maternity - say 5 hours per day then you would take 5 hours off the 189 hours every time you have a day off.

ivykaty44 Wed 24-May-17 20:10:45

Take the annual leave at the end of your maternity, therefore still being g paid full time. Then after start part time

TemporalUser5k Wed 24-May-17 20:31:27

Thank you for the replies, I have asked them to recalculate and they keep stating that as I am still working 5 days a week my holiday does not change.

I would prefer to just have the time off as that would save an awful lot of money if I could use that to delay DC starting nursery (and I would get to spend more time with them) but would settle for just being paid the full time rate.

I have only carried a day over from last year, the days accrued are this year's holiday plus bank holidays which they have said that I am entitled to.

hellypad Wed 24-May-17 21:01:21

We would still give you 27 days too but you wouldn't lose money as if your working day is 4 hours that's what 1 days holiday would equate too. So if you had a week off that would be 5 days holiday, even if you were only really taking 5 mornings off. Hope that makes sense!

CadnoDrwg Wed 24-May-17 21:22:49

Thank you for the replies, I have asked them to recalculate and they keep stating that as I am still working 5 days a week my holiday does not change.

They need to recalculate because 27 days off at £1000 (for example) is entirely different to 27 days off at £500.

You need to go back and confirm you will take dates X-Y off at the end of your maternity leave using accrued holidays at full time rate with renumeration of Z (however much you'd normally get).

You will be back in the office on XX date which will mark the contractual change to part time hours, at which point your holiday allowance changes pro rata.

Communicate via email and make sure you get written confirmation.

If they still aren't helpful let them know you're going to speak to ACAS/Union about your legal rights as you know they aren't being fulfilled.

MrsPeacockDidIt Thu 25-May-17 13:07:57

You could ask them to change it all to hours instead of days when they recalculate.

All our part time employees holiday is worked out in hours because it's easier to calculate.

Saying to you that as you are working 5 days it's still 5 days holiday to take is ridiculous. If they are not going to pay you for 5 full days then they can't take 5 full days holiday from you for the same period.

TemporalUser5k Sat 27-May-17 07:47:16

Thank you, I have supplied a calculation in hours to them that they have disregarded. The calculation was done by someone from my DH HR department so I know it was correct.

I suppose they don't have to convert to hours?

We may just have to ask an employment solicitor for advice if we can't find any legal evidence that what they are doing is incorrect. The closest we found was an ECJ ruling but I'm not sure they would accept that.

ohforfoxsake Sat 27-May-17 10:02:57

You should take the leave as though you were FT and go PT once that has been done.

They don't sound particularly competent. Have a look on the ACAS website. Might be worth calling them.

Diaryofalways87 Wed 31-May-17 23:38:21

I agree with @hellypad and believe what your HR department is saying is correct. I'm guessing your reduced hours means you're working 5 days a week but shorter days? In this case you would still be entitled to 28 days holiday per year, it's just that your daily rate is lower.

TemporalUser5k Mon 05-Jun-17 21:11:04

I'm waiting on a reply from an employment solicitor, I'll let you know what they say in case anybody else is in the same position.

Wh0Kn0wsWhereTheTimeGoes Mon 05-Jun-17 21:21:32

Yes, I stayed full time for three months and used the leave two days a week then went part time once it was used up.

PourquoiPas Mon 05-Jun-17 21:30:12

They are probably getting confused between the holiday you have accrued vs what your are entitled to going forward. Sadly, a lot of people in HR are either good with people or good with numbers, not both and it seems that you have been unfortunate enough to get someone who is not particularly numerate.

I would send them a very factual email stating something like

I understand that going forward I will be entitled to 26 days of holiday per year that equates to 130 hours at my weekly working pattern of 5 x 5 hours per week.

I have accrued 27 days/ 189 hours of holiday for the holiday year 2016/2017. I am writing to inform you that as per previous discussions with my line manager I will be returning to work on dd/mm/yyyy full time and will take my accrued holiday from dd/mm/yyyy - dd/mm/yyyy. As of dd/mm/yyyy I will then be part time working 9-2 m-f.

I trust this is clear but if you would like further clarification please do feel free to contact me.

PourquoiPas Mon 05-Jun-17 21:31:29

That last bit was the end of the email sorry, posted too soon.

Good luck, hope it gets sorted out.

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