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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

AIBU to want more holiday?

67 replies

Popskipiekin · 12/12/2020 14:10

My employer has just announced that all staff can have 2 extra days paid leave over Christmas. The days are fixed, we can’t take them another time. I work part time and one of the leave days falls on my normal day off. AIBU to ask for an extra portion of a day off (I would be asking for half a day beforehand) so I get the same as everyone else (1.6 days total as I work 80% hours) or is that being really petty?

OP posts:
SomewhereInbetween1 · 12/12/2020 16:14

I don't think you should haggle over something that's been given to you. At the end of the day, you all have more holiday than you had.

My SIL works part time and she once had the gall to ask her boss for an extra day off because a bank holiday happened to fall on a day she always had off anyway. I was flabbergasted.

Aprilx · 12/12/2020 16:31

You definitely should ask as what they are doing is contrary to the Part-time Workers Regulations 2001. The full time workers have been given an extra two days of annual leave, it is not a gift, it is annual leave. Part time workers are entitled to the same annual leave as FT workers on a pro rate basis.

And even if it were a gift, e.g. a bonus, the PT workers should receive the same on a pro rata basis.

HeckyPeck · 12/12/2020 16:39

@Aprilx

You definitely should ask as what they are doing is contrary to the Part-time Workers Regulations 2001. The full time workers have been given an extra two days of annual leave, it is not a gift, it is annual leave. Part time workers are entitled to the same annual leave as FT workers on a pro rate basis.

And even if it were a gift, e.g. a bonus, the PT workers should receive the same on a pro rata basis.

This is absolutely correct.

Some people on here have very strange attitudes. Like part timers have been given some sort of favour by the boss!

There's no harm in bringing it up. If you have a good boss it's probably just an oversight and they'll make sure everyone is treated according to the regulations.

Moondust001 · 12/12/2020 16:40

@Aprilx

You definitely should ask as what they are doing is contrary to the Part-time Workers Regulations 2001. The full time workers have been given an extra two days of annual leave, it is not a gift, it is annual leave. Part time workers are entitled to the same annual leave as FT workers on a pro rate basis.

And even if it were a gift, e.g. a bonus, the PT workers should receive the same on a pro rata basis.

No it isn't. The employer is closing for two days and not requiring anyone to take those days as leave, but they will still pay for them. That is not contrary to the law and it is not annual leave.. But I agree with someone else on here - if this is the attitude that a small gesture generates, it would be the very last gesture ever, and I would be inclined to close anyway and take it from the leave allowance - which is perfectly lawful. Talk about shooting yourself in the foot....
HallFloor · 12/12/2020 16:43

You're probably not wrong but this is the sort of fuss/complication that makes people wish they hadn't tried to do something nice.

Tale your bonus day and be happy.

Aprilx · 12/12/2020 16:44

@SomewhereInbetween1

I don't think you should haggle over something that's been given to you. At the end of the day, you all have more holiday than you had.

My SIL works part time and she once had the gall to ask her boss for an extra day off because a bank holiday happened to fall on a day she always had off anyway. I was flabbergasted.

That isn’t gall on behalf of of your SIL, she was asserting her legal right and good on her.

Any reputable HR department would absolutely have been adjusting her leave to reflect the fact that her non-work day was on a bank holiday. She shouldn’t have even needed to ask.

Everybody is entitled to a minimum of 5.6 weeks annual leave including BHs (pro rated for PT workers). If her non working day is a BH, then she is legally entitled to use her leave another time. It wouldn’t be a full day though, it would depend on her pro rata hours, so if she works 50% of standard full time hours, she was legally entitled to a half day of leave to be taken another time. Her annual leave allowance should not have been “used up” because there happened to be a BH on the day she was not due to work.

Nottherealslimshady · 12/12/2020 16:47

Can you imagine if you bring it up and then he does an announcement that since part time staff feel his previous offer is unfair he'll be requiring staff to use their holidays if they usually work those days after all. Would you feel better?

He's not giving them holiday days. He's closing the office and not requiring anyone to use their holidays for it.

HeckyPeck · 12/12/2020 16:48

My SIL works part time and she once had the gall to ask her boss for an extra day off because a bank holiday happened to fall on a day she always had off anyway. I was flabbergasted

Where I work, if a bank holiday falls on your non working day you get a day in the pot to take at another time. We get a set amount of leave then bank holidays on top. If they didn't do it this way people who work Mon-Thurs would be better off than people who worked Tues-Fri as they'd have all the bank holidays as extra paid days off.

KatieGGGG · 12/12/2020 16:48

@Moondust001 post is spot on.

They aren’t granting everyone extra holidays you should be entitled to pro rata (even if they’ve worded it that) they’re closing the business and making discretionary payments to who would have worked anyway.

Next year they could just force people to take annual leave would you rather that? Of course not.

WutheringTights · 12/12/2020 16:48

Wow. Can't believe some of these responses. They should absolutely give you the additional holiday too, otherwise how is it a thank you for you? This has happened to me a few times over the years (in two different Big 4 firms) and they always let part timers take their "gift day" another day if it fell on one of their non-working days. Definitely ask.

ChikiTIKI · 12/12/2020 16:55

Hmm I don't know... I always take Christmas eve as annual leave even though wherever I have worked, everyone leaves early say about 2pm. I've never asked to get the whole day off using less hours though.

Aprilx · 12/12/2020 17:01

@Moondust001

You are wrong.

This is leave for the FT workers, they do not have to go to work and therefore they are on leave. The PT workers are entitled to the same by law.

Aprilx · 12/12/2020 17:01

*by “same” I mean pro rated of course.

Irisheyesrsmiling · 12/12/2020 17:01

This is the same at my work place. There's two times a year where people get 3 days for "free" but if you don't work those days you don't get it.

KatieGGGG · 12/12/2020 17:17

@Aprilx not wrong at all. The employer will likely record it as a “staff day” or similar. Entirely above board, and I would happy with the one free day awarded.

OP you can raise it and they might say yes. You can raise it and they might instead force full time staff to take two days, annual leave and you be forced to take one days annual. It’s your choice whether to raise you’ll know better than anyone but there’s no statutory entitlement, truly.

ILoveSummerTime4 · 12/12/2020 17:56

Tough shit, basically.

I work somewhere that operates 7 days a week. Christmas Day is always given as a 'free' day off. But if you don't work on the day Xmas is, you don't get an extra day.

It was similar when I worked in retail - shops were shut but if Xmas fell on your working day, you would have to use a holiday day to be paid that day, even though the shop was shut and you couldn't work anyway.

Changi · 12/12/2020 18:09

My employer has also given staff an extra two days off at Christmas. It cost them nothing as I still have the same amount of work to do. To take the extra days off just will mean I have to work longer on other days.

Changi · 12/12/2020 18:10

Excuse the gibberish. Oh, for an edit post facility.

carbhunter · 12/12/2020 18:12

As usual with threads about employment issues I think it's sad that so many people are used to being treated poorly by their employers.

The bar is very low and posters are always told to be 'grateful' for anything they get and not 'greedy' for fear of having what little benefits they have taken away from them.

Having worked in hr for decent employers for years who treat part time staff equally this sort of attitude just makes me feel sad.

LordEmsworth · 12/12/2020 18:16

Oh my God. I can't believe some of the answers on here. Especially the managers.

This question wouldn't come up where I work because senior managers and HR understand that working part-time is a valid and acceptable thing to do. If you work part-time you get the same benefits as someone working full-time, pro rata'd. If the firm were giving out a cash bonus, on the OP's non-working day, would you say "well she didn't get it because she wasn't working that day, that seems fair enough"?

nosswith · 12/12/2020 18:21

I work 4 days not five. I would not ask.

TrialOfStyle · 12/12/2020 18:35

I would ask if for that week, could I swap my non working day to one of the days the business closes.

I suppose the flip side for those who are saying you are ungrateful - if you happened to work full time/ 5 days and the two days fell on your non-working days - so you were still expected to work 5 days for your pay but your colleagues only had to work 3 for their full pay, would you not feel unfairly treated?

If the staff are told it’s paid leave then pro rata staff must not be treated fairly too.

Backbee · 12/12/2020 18:41

I would ask if for that week, could I swap my non working day to one of the days the business closes.

Yes, this is a good idea. Of course you should be entitled to the same (pro-rata), but as this thread demonstrates, part timers often get screwed over and treated differently- usually people justify this by well they work less, but also get paid less.

HermioneWeasley · 12/12/2020 18:45

This is why we can’t have nice things

gottakeeponmovin · 12/12/2020 18:48

I would ask they can only say no