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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to expect to keep my full holiday entitlement?

380 replies

namechange0998776554432 · 26/10/2022 14:53

I've just applied to change my hours at work so I finish at 3pm every day, meaning I now work 80% of my full time hours. I was previously entitled to 25 days holiday but they're saying that will reduce to 20
(I.e. 20% less). I understand the logic, but I'm still working every day and losing a whole week's holiday is going to be pretty significant for me. The reason I'm cutting my hours is because I have no childcare outside of school! My pay is already reducing by 20% so taking a weeks leave from me on top seems unfair.

Surely, since in each day I work 20% less hours, when I am on leave I am also taking 20% less leave. So, I should still get 25 days (but am taking 20% less hours each day). I already argued this to HR but they refused, and sent me a policy which very clearly states the calculation and says if you're part time on e.g. 80% hours, you get 80% leave even if you work 5 days a week. This seems wrong to me but they refuse to give in.

Has anyone else been in a similar situation and managed to argue successfully? Am I being unreasonable to expect a bit more from a company who claims to support women who need flexible working arrangements?

OP posts:
burnoutbabe · 26/10/2022 19:32

Notallislost · 26/10/2022 18:22

Also good point about the bank holidays - make sure that they calculate that too. I have to pay in 2 hours a/l for every bank holiday but for you it would be different. So if you get 75hours a year bank holidays (10 days) then you will get 80% of that so 60 hours etc

Bank holidays are easier though for part timer who works every day, they use up 1 day fir the beck holiday, sane as everyone.

But if you say work only Mondays, you get given 1/5 if a day to reflect that bank holiday in your allowance but you use up a whole day. Leaving you in deficit somewhat.

Hana89 · 26/10/2022 19:34

namechange0998776554432 · 26/10/2022 15:01

Exactly as many others have replied - I did expect it to go down, by 20%, in hours. Each day I take off I will only be taking 80% of my full time hours off. Otherwise, the way they've calculated it, I'm losing 2 hours every time I take a day off!

I think under this system they'd pay you for a full day when you're on leave OP. So if you usually only work 6 hours, on those 20 holiday days, you'll get paid for 8 hours a day so you won't actually be losing time/money.
Agree it would be better if you could have the holiday in hours and take 25 x 6 hour days rather than 20 x 8 hour days!

Princessglittery · 26/10/2022 19:39

@Hana89 😂😂 Lovely idea but the employer is only going to pay 6 hours on a BH.

burnoutbabe · 26/10/2022 19:42

Why is everyone saying she will get paid at x rate for taking holiday?

It's usually 2 different systems

Pay is just a monthly fixed amount.

Holidays are tracked by a system to ensure you don't take too much etc, though it's trued up when leaving.

Or maybe some people's payroll is done very different!

Faultymain5 · 26/10/2022 19:43

GreyElephantsWearingYellowPyjamas · 26/10/2022 17:33

Nice one @namechange0998776554432 Let us know how you get one with that one. Why should you work 0.8 and get whole time equivalent holiday? That’s so cheeky!! Just do compressed hours over 4 days FFS.

@namechange0998776554432 wins the CF award for the day 🥇

She wouldn’t be getting whole time equivalent though. I think you need to read through the thread. It’s explained pretty well. It’s important to note she works five days a week.

jaqpaoem · 26/10/2022 19:43

Crazy

BadNomad · 26/10/2022 19:56

I used to get that kind of nonsense when I worked in the NHS. An A/L day was always 7.5 hours, regardless of how many hours you worked the rest of the week. So, even if I took a "short day" off (5.5 hours) they would still take 7.5 hours from my a/l entitlement.

Then at the end of the month they'd recalculate and see the "total worked hours + a/l hours" were more than my contract, so they would have to take those extra hours off my next working week to balance it out. Or worse, if I was down for a 12-hour shift, they would only apply 7.5 hours a/l which meant I'd then I'd owe them hours the next month. It was a ridiculous shambles.

Hana89 · 26/10/2022 19:56

Princessglittery · 26/10/2022 19:39

@Hana89 😂😂 Lovely idea but the employer is only going to pay 6 hours on a BH.

Are you sure? I worked in HR at a city council and it was handled as I described because the holiday pay system wasn't nuanced enough to distinguish full and part time hours - all holiday days were paid at full time rate. Part time people got less days as a way to make up the difference. It was an odd system but how it worked!

Princessglittery · 26/10/2022 20:07

Hana89 · 26/10/2022 19:56

Are you sure? I worked in HR at a city council and it was handled as I described because the holiday pay system wasn't nuanced enough to distinguish full and part time hours - all holiday days were paid at full time rate. Part time people got less days as a way to make up the difference. It was an odd system but how it worked!

@Hana89 From what the OP has said I believe so.

All the places I have worked had a payroll system that paid BH based on an employees contracted hours for that day.

I am not sure the system your employer was using was an appropriate way to handle BH. Did the same apply if they took a days leave e.g. they were paid 7.5 hours but only contracted to work 6 hours. ?

Moonlight75 · 26/10/2022 20:08

They need to calculate it in hours. You also have only 80 percent of the bank holidays; however your reasoning is correct as you are already working everyday but reducing the hours you do, you are also reducing the annual leave so yes, I will agree to the 25 days in those circumstances. It is different when you work a few days per week

Caulidop · 26/10/2022 20:17

I honestly don't understand why people aren't understanding this OP, of course this isn't correct. Your annual leave should be pro-rata'd in hours, not days. As a devils advocate in the other direction, do those of you thinking this is okay also think if an employee compacts their hours into 3 days (say 36/3 so 12 hour days) that they should still get 25 days off because they are 'full time'? This of course would be bonkers as they would get 8 weeks off when their colleagues working standard hours would be getting 5.

Any difficulty with this then I recommend ACAS as your first step; they will aim to sort through mediation before any formal procedure is entered into. I really hope it is a misunderstanding OP, I have had misunderstandings with large employers in the past and you sometimes find it is a brick wall of incompetence/ignorance, but persevere and get assistance from ACAS, they are very helpful. Good luck.

Schoolchoicesucks · 26/10/2022 20:18

Hana89 · 26/10/2022 19:56

Are you sure? I worked in HR at a city council and it was handled as I described because the holiday pay system wasn't nuanced enough to distinguish full and part time hours - all holiday days were paid at full time rate. Part time people got less days as a way to make up the difference. It was an odd system but how it worked!

Was that recent? Sounds like it would be discouraging people from taking their full 5.6 weeks holiday entitlement if they would be paid for fewer days.

Qweryy123 · 26/10/2022 20:22

ZiaMcnab · 26/10/2022 15:04

I'm an HR director. Your statutory entitlement to 5.6 weeks holiday per year doesn't change because you're part-time, and, as you work 5 days per week like a full-timer, you should still get at least 5.6 weeks (ie 28 days which may include BHs), it's just that your weeks are "worth less". Since full-timers get 33 days (inc BHs) in a normal year, you should get the same, as you work 5 days like they do. So, if you take a week off, you'll still have 5 days deducted, but will only be paid for 32 hours. I suspect this is what they mean, they've just expressed it in a confusing way, so go back to them and ask about how many days you'll have deducted if you take a week off, and that should make them clear things up.

Good luck

This!

basically you are entitled to 80% of full time annual leave, but as you are only working 80% of full time hours you will still be able to take a full week of your working hours as annual leave. So if you would normally do 8 hours in a day full time, cut to 6 for part time, that’s 40 hours a week full time 30 part time, a weeks annual leave would cover the 30 hours of part time working so you get your full week of working hours as leave.

EarringsandLipstick · 26/10/2022 20:35

20 days is correct. However, when you take one of your 'days' off this won't equate to a full days holiday. So if you take leave one day, you will still be left with 19 days and 2 hours left. If you take leave for two days you have 18 days and 4 hours left etc.

This poster has it.

OP is neither fully right or fully wrong.

Of course her leave entitlement reduces pro-rata.

The day element is confusing it (as are the posters saying they work 4 days a week & their leave it pro-rata'd in days).

Your leave should be calculated in hours. So when you take a 'day's leave', you will use 6 hours not 8, means in 'days' terns you'll have the same, but as you work fewer hours, you'll get fewer hours' leave, and taking a 'days' leave will also require fewer hours.

I think a PP suggestion of providing examples should be helpful.

JOFFCV · 26/10/2022 21:07

She has the same number of days holidays. She works x amount of hours a day. So gets paid the same amount of x hours for every days holiday she takes. It is not rocket science.

JOFFCV · 26/10/2022 21:08

Why are people making it so complicated?

EarringsandLipstick · 26/10/2022 21:47

JOFFCV · 26/10/2022 21:07

She has the same number of days holidays. She works x amount of hours a day. So gets paid the same amount of x hours for every days holiday she takes. It is not rocket science.

But that's individuating it

The company has to make it work on the same basics that holidays are calculated for everyone.

The solution is to work it out in hours. Her day is not equivalent to other f/t workers day.

So while she will have the same # days leave, in hours, it will be less. This is important so that in their system, the correct amount of leave, pro-rata'd is recorded.

They have communicated it poorly however

dementedpixie · 26/10/2022 21:52

How do you know that's how her employer is working it out though @EarringsandLipstick? They haven't specified on the contract that 1 day doesn't actually mean 1 day but is 0.8 of a day. Without knowing if this is true then she shouldn't sign anything

Sweetmotherofallthatisholyabov · 26/10/2022 21:54

all you need to do is ask them what their definition of a day is in the contract. My assumption would be a day is the same for everyone across the board. So equals 7.5 hours or 8 hours of what we the Fte is.

it's the same way you can take half days holidays. If they're defining it as 6 hours then they're in the wrong.

So it's possible you're both right. But you're saying a day =your contracted hours in a day and they're saying a day =fte contracted hours in a day.

EarringsandLipstick · 26/10/2022 22:08

dementedpixie · 26/10/2022 21:52

How do you know that's how her employer is working it out though @EarringsandLipstick? They haven't specified on the contract that 1 day doesn't actually mean 1 day but is 0.8 of a day. Without knowing if this is true then she shouldn't sign anything

No of course she shouldn't sign it.

But posters saying her 1 day is the same as a f/t workers 1 day in leave terms (just the pay is different) are incorrect.

As I said, the employer needs to confirm it much more clearly.

However somewhere her leave needs to be worked out on a pro-rata basis.

dementedpixie · 26/10/2022 22:09

Or if they do it in hours then it's 33 x 6 (or however many hours you work) = 198 hours

Deduct 6 hours for every day off

EarringsandLipstick · 26/10/2022 22:15

dementedpixie · 26/10/2022 22:09

Or if they do it in hours then it's 33 x 6 (or however many hours you work) = 198 hours

Deduct 6 hours for every day off

That's the point many of us have made.

For staff in my organisation who work shorter days, this is how it's done.

dementedpixie · 26/10/2022 22:18

But the days thing works too
She gets 33 days but her days are only 6 hours long

PrincessofWellies · 26/10/2022 22:19

namechange0998776554432 · 26/10/2022 18:25

As we're so close to the end of the year I'm only really concerned about getting this right from 1 st January. This year has been a very complicated mix of working, sick leave and unpaid leave so I could forgive any confusion around that. There are even more complications around the fact that I've 'bought' an extra 10 days annual leave (which I pay for through salary sacrifice). But all that is up to me to figure out based on my current contract. My main concern right now is not signing a new contract stating 20 days per annum (plus 6 days public holidays) and then being held to it next year.

20 days plus 6 days bank holidays is 26 days. How have you got 20 days?

EarringsandLipstick · 26/10/2022 22:21

dementedpixie · 26/10/2022 22:18

But the days thing works too
She gets 33 days but her days are only 6 hours long

Yes. But somewhere it has to be noted that it's pro-rated. Whether that's her contract or letter.

It needs to absolutely clear that Mary's day of 6 hours is not the same as Ann's day of 8 hours.

The easiest way is in hours. When my p/t colleagues take leave, they'll do so in terms of days too, but the system will calculate hours.

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