Re. my holiday allowance?

[SpunBodgeSquarepants]

I started a new job last June - holiday year runs 1st January to 3st December. I work 3 days a week - 5 hours a day, totalling 15 hours a week.
My colleague works 42.5 hours a week and receives 20 days holiday. I get 7. This means I can only take 2 full weeks off per year, which is really not great for me, being a single parent. It's really difficult to find childcare during the school holidays! Am I right in thinking that this has been worked out wrong? I see where they've got this figure from - I work roughly a third of the hours my colleague does, therefore. I get a third of the holiday days too. But this would be based on full, 8.5 hour days wouldn't it?
Help!!

It does sound like the company have calculated it based on a 8.5 hour day which would be 7 days but you just need to ensure that they do mean that and that you are getting the 5 bank hols off also so are getting your full entitlement.

There are so many people that seem to run small businesses with no understanding of employee entitlements, I have many clients who don't even realise they have to pay holiday pay to part timers.

OP, I process payrolls and that entitlement is definitely wrong. You will still get your 4 weeks holiday.

Holiday entitlement has changed over the past few years, but basically you should still get 4 weeks of your usual working week as holiday, plus a pro-rata share of bank holidays. Everyone gets 5.6 weeks pro-rata and that includes bank holidays

The best and fairest way is to calculate hours. The Government's own calculator says that 15 hours over 3 days would give you 84 hours including bank holidays. So every bank holiday monday would be 5 hours off your entitlement if you don't work that day, and Christmas/Boxing Day would be taken off if fall on Mon-Weds (in your case).

I have been advised previously on MN that the Government calculator isn't always accurate depending on when the bank holidays fall.

There's a lot of people getting confused here about the minimum statutory leave and bank holidays. It's not 4 weeks plus bank holidays. It's 28 days including bank holidays. Which, most of the time, means the same thing, but for part time staff it makes a huge difference.

I've always said if I go down to 4 days a week I'll take a Monday off so I miss the worst of the traffic and also don't have to lose too many holiday days for bank holidays.

There are 8 bank holidays a year, many of which are obviously Mondays. OP - you'll be pleased to know that one of the May bank holidays has been moved to a Friday this year, so there's one less that you'll have to worry about!

For a full calendar year in 2020 you should get 16.8 days or 84 hours. With the 2020 bank holiday listing you'd need to take the following days from your 84 hours:

• 1 January
• 13 April
• 25 May
• 31 August
• 28 December

This is 25 of your 84 hours, leaving you with 59 hours for the rest of the year, so 11.8 days leave, so just shy of 4 weeks, which makes sense.

Hopefully you'll manage to convince your employer that you're right but here's a link to the HMRC calculation - HMRC

@CharmingB I have been trying to explain that but haven't articulated it very well. My forte is numbers and I end up using too many words (but not enough of the right ones) to explain everything!

You are entitled to 17 days per year. Just go back to your manager I'm sure its just an error

This is 25 of your 84 hours, leaving you with 59 hours for the rest of the year, so 11.8 days leave, so just shy of 4 weeks, which makes sense.

11.8 of OP's days but that is seven full-time days so it seems the employer is correct. OP should just ask for the leave to be expressed in hours to make it simpler.

It unfortunately is more complicated than that as the only bank holidays we get off are boxing day and new years day....

Even if you are required to work bank holidays are are still entitled to the days paid holiday on another day

<a class="break-all" href="https://www.google.com/url?sa=t&source=web&rct=j&url=www.gov.uk/calculate-your-holiday-entitlement&ved=2ahUKEwjg2MnruKTnAhWbi1wKHUohBgoQFjAAegQIAxAB&usg=AOvVaw0pkUIr_MiFhfAGiL0_wmX9" rel="nofollow" target="_blank">www.google.com/url?sa=t&source=web&rct=j&url=www.gov.uk/calculate-your-holiday-entitlement&ved=2ahUKEwjg2MnruKTnAhWbi1wKHUohBgoQFjAAegQIAxAB&usg=AOvVaw0pkUIr_MiFhfAGiL0_wmX9

I dont think it is more complicated. You have 84 hours or 16.8 days per year. You need to use 10 hours for those 2 bank holidays.

If that's the case that you just need to take 2 bank holidays you need to take then your employer is definitely wrong as you would have 74 hours left or 14.8 days (or 8.7 long days at 8.5 hrs per day).

Hr and payroll here.

3 day week = 16.8 or 17 days annual leave x 5 hours.

Any bank holidays on working days where you are not at work come off first, and then you are free to book the rest.

Have they just duplicated last years prorata? 17 minus two, pro rated for a bit over 1/2 a year would be about 7.

If you only get 2 bank holidays off then you get more holidays of your choice. 84 hours - 10 for bank holidays leaves you with 74 hours

Where I work everyone's holiday is now calculated in hours. Don't know why they changed it as the part-timers and those that didn't work the same hours every day (I was one of these) were done in hours.
It might be in preparation for the new system that's taken over 3 years to get set up correctly (our holiday is still being done on paper!)

I remember, it's because employees like me could take a few hours off here and there but those with leave in days had to take half or full days. It's a lot fairer now

Did you get it sorted OP? Your annual leave should see be in hours and then you'd deduct 5 hours per day for holidays.

🙋‍♀️ I have a question!

I work 21 hours a week, split equally over 4 days.
My contact says it I get
Pro rata 27 days holiday per annum.

I get 16 days (of my short 'days') holiday.

Is this right?

Looking at some of the above I'm wondering if they have worked it out as if I work 3 full days or something. I don't know what everyone else gets just that it works out more (even accounting for pro rata).

🤯

Under EU rules you get a minimum of 4 weeks. So that would be 12 days. I used to get 5.6 in my old job which again came under EU legislation so you would get 5.6 x 3days. Your employer is filling you off. Part time employees have the same rights as full time. However after brexit I expect workers rights to be severely reduced 😠

look on the gov.uk it gives a holiday calculator. I work part t8mr, my holiday is based on hours, so you still get 5.6 weeks off including bank holidays

That would be 12 or your days ie you would get holiday pay of 5 hours per day.

I work 21 hours a week, split equally over 4 days.
My contact says it I getPro rata 27 days holiday per annum.

I get 16 days (of my short 'days') holiday

Legal minimum is 28 days not 27.What is the total that full timers get?

@CasanovaFrankenstein Your legal minimum would be 5.6weeks × 21 hours = 117.6 hours.

117.6 ÷ 5.25 = 22.4 days which could be inclusive of bank holidays depending on your contract.

If full timers get more than 28 days in total then you would be entitled to more than the above

Ok thanks, slightly even more confused as I'm not sure if anyone apart from @dementedpixie was specifically referring to me. I don't think that bank hols are included as we are shut then, everyone is off. I don't know how much full timers get as I've only seen my allowance.

So have I got my head around this right, I still get 5.6 weeks at my weekly hours of 21, which = 117.6 hours which is 22.4 of my short days?

How do you think they have worked it out, and what do you reckon the easiest way to explain it is - ask for it to be in hours? I know the lady that does the wages is going to mortified if it turns out it's wrong.

Unless they are taking off the days they are closed out of your allowance already. In order to work out your allowance then you need to know if full timers get more than 28 days holiday in total as 27 days is not enough

If working out in days its 16.8 days
If working it out in hours its 84hours.
Don't know where 7 days have come from because if you started June time you should have had about 10 days. Assuming the leave year is January to December.

I'd question the holiday hours for this year though cos 7 days is way below the entitlement

I'll have to have a close look I think and see what other people get. I'm the only part timer which is why it's confusing.