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To think this is not right - Christmas leave

22 replies

AmazonianAvatar · 22/12/2022 22:02

I work 4 days a week, Mon, Weds, Thurs, Friday, my day off is on a Tuesday. When I started in the role, I was told I could pick which day off I had. HR are not aware which day I have off afaik (big organisation) so I can’t see how they worked it into my leave entitlement which is pro rota with my full time counterparts.

I work next week Weds to Friday as the BHs are Mon/Tuesday. I asked my manager if that would mean I have an extra day leave owing for the BH falling on my day off but she said No so I will be working 3 days next week despite there being two BHs when I normally only work 4. If I had Weds as my normal day off, I would only work Thurs, Fri so 2 days next week.

Manager has said BH are worked into my leave entitlement but I can’t see how this Tuesday is.

Am I a bit dim or am I right?

OP posts:
tickticksnooze · 22/12/2022 22:05

You'd only be entitled to 0.8 of that day as leave.

At my place your annual leave entitlement would be reduced to account for the excess/deficiency of entitlement based on your working day.

I don't really understand why you think HR don't know which days part time staff are contracted for.

Cornelious · 22/12/2022 22:07

You both can be right. You need to see a breakdown of your annual leave. When I worked pt I had annualised hours which included a pro rats of the BH (4/5 of total entitlement). So I needed to use my Entitlement to take off any leave.

Zanatdy · 22/12/2022 22:08

In my organisation part time staff get their proportion of leave and if the bank holiday falls on a working day they have to book it off. If the bank holiday isn’t their working day they do nothing. So effectively have the hours given for that day to use any other time

MuggleMe · 22/12/2022 22:09

I work 3 days a week and have 3/5 of all BHs added to my annual leave allowance then I have to book them off out of my allowance. It depends how they manage it.

Tinkerbyebye · 22/12/2022 22:13

As a part time BH are normally worked into your holiday. I wouldn’t complain to much as most are Mondays which you get off, however as prorata you wouldn’t get all 8 ( or 9) this year

in my workplace we work out bank holidays with part time staff, some end up owing us hours so in effect have reduced annual leave as they have to account for the bh they are not entitled to

.

AmazonianAvatar · 22/12/2022 22:14

tickticksnooze · 22/12/2022 22:05

You'd only be entitled to 0.8 of that day as leave.

At my place your annual leave entitlement would be reduced to account for the excess/deficiency of entitlement based on your working day.

I don't really understand why you think HR don't know which days part time staff are contracted for.

My contract states hours per week (24). I changed my day off a few months after starting. I could have worked my hours over 5 days or worked longer over 3 days, discretionary with my manager.

Going on what I normally work (6 hours a day), I will technically be working 30 hours next week including the BHs which my full time counterparts get off as well.

OP posts:
Blocked · 22/12/2022 22:18

Your bank holiday entitlement is calculated based on your hours worked, not which days you work. It's not that everyone who works a Monday is entitled to every bank holiday Monday even if that's the only day they work. But someone who works the rest of the week just doesn't get those days. That's not how it's done. You'll have an overall total eg 36 hours bank holiday which you'll probably be expected to take on your usual working days if they fall on a bank holiday, or at another time if you have surplus BH hours (particularly possible if you don't work Mondays)

AmazonianAvatar · 22/12/2022 22:19

Sorry just to add, I get my leave as an hours figure rather than in days. They deduct the BH hours automatically as office is closed. The hours left are what I can book as leave.

OP posts:
tickticksnooze · 22/12/2022 22:20

Those are nonsense numbers. You're not "technically" working 30 hours, least of all because you're not entitled to all the bank holidays - you're not even 0.8 if you only do 24 hours, that's c0.6 so you're barely entitled to half the bank holidays.

If you don't think your annual leave allowance is correctly pro -rated take it up with HR and ask for their calculations. But your starting principle that you think you should receive 100% of bank holidays on a 64% contract is faulty.

Jules912 · 22/12/2022 22:21

I work 3 days and get 60% of bank holidays added to my leave. If they fall on a day I work I have to take it as leave. I chose Monday as one if my days off for this reason.
It did get a bit screwy this year due to the extra bank holidays, and they ended up giving everyone a full day for the funeral as it was announced after they'd already done the calculations and most people had planned their leave.

Sewaccidentprone · 22/12/2022 22:22

Depends on what your contact says. I work p/t and I get 2 leave allowances per year, but both work out at .81 of the full time allowance, so if a bank hol falls on a day I’d normally work I’d book it off, and vice versa.

so yes, your manager is right, if a bank hol falls on a non work day then it’s just a day off and you don’t have to book it as leave, so mon bank hol would need to be taken off leave allowance, but Tues wouldn’t.

Up every organization works it our differently.

I have Fri as my non work day, so when a bank hol falls the I don’t get another day as a bank holiday in lieu.

SpamIAm · 22/12/2022 22:23

From your last post it sounds like it's all correct. I'm NHS, I work 0.8WTE. So my leave entitlement is made up of my pro rata annual leave entitlement plus my pro rata bank holiday entitlement (ie 0.8 times the number of bank holidays) and then any bank holiday that falls on a working day comes out of my leave allowance. Sounds like that's the same as yours.

So I lose out a little if a bank holiday falls on a working day because I only get 0.8 of a days leave for it but I have to take a whole day to have it off. But you benefit if they fall on non-working days.

FrangipaniBlue · 22/12/2022 22:32

If your contract is 24 hours per week then assuming a standard working week is 40 hours you effectively work 3/5 of a week.

You are therefore entitled to 3/5 of the bank holidays.

There are 9 bank holidays this year which equate to 72 hours. You will therefore have had 43.2 hours (3/5 of 72) added into your leave total.

For the bank holiday on Monday, you should have had 6 hours taken off your leave total (ie the number of hours you normally work).

As you do not normally work Tuesdays, next Tuesday is ignored and nothing should come off your leave total for it.

ILoveeCakes · 22/12/2022 22:45

Sorry, CBA to GAF.

Sort it out with them. If you disagree, what, you'll point them to this thread? No you won't, so anyone's comments are pointless.

titchy · 22/12/2022 22:52

AmazonianAvatar · 22/12/2022 22:19

Sorry just to add, I get my leave as an hours figure rather than in days. They deduct the BH hours automatically as office is closed. The hours left are what I can book as leave.

So is your annual leave entitlement inclusive of BHs then? That would be fair, but not otherwise.

titchy · 22/12/2022 22:53

ILoveeCakes · 22/12/2022 22:45

Sorry, CBA to GAF.

Sort it out with them. If you disagree, what, you'll point them to this thread? No you won't, so anyone's comments are pointless.

Alternatively if they have done it wrong someone could post the legislation that clarifies how PTers should have their leave pro-rated which would be helpful no?
Hmm

ILoveeCakes · 22/12/2022 23:03

titchy · 22/12/2022 22:53

Alternatively if they have done it wrong someone could post the legislation that clarifies how PTers should have their leave pro-rated which would be helpful no?
Hmm

Cool. What's the leg and section number? Let's all have a read.

burnoutbabe · 22/12/2022 23:08

www.gov.uk/holiday-entitlement-rights

This has a calculator, you'd do it in hours as you vary which hours you work each week.

titchy · 22/12/2022 23:14

Cool. What's the leg and section number? Let's all have a read.

I don't know. Point was that posting for advice here often yields someone evidencing the actual law. As indeed the pp has. So posting isn't pointless.

And if you don't GAF why post to just say that?

Famousinlove · 22/12/2022 23:34

I don't work Mondays and if that's a bank holiday tough titties for me. I work for LA

IbizaToTheNorfolkBroads · 23/12/2022 06:52

Zanatdy · 22/12/2022 22:08

In my organisation part time staff get their proportion of leave and if the bank holiday falls on a working day they have to book it off. If the bank holiday isn’t their working day they do nothing. So effectively have the hours given for that day to use any other time

This is what we do.
Additional annual leave added to your allowance pro rata to account for BH.
I then take a days leave if a bh falls on my working days.
As most BH are on Mondays, and Mondays are my non-working day, I am normally "up"!a day or two.

burnoutbabe · 23/12/2022 08:26

Yes I got given 1/5 of a day for the queens funeral and 1/5 fir the jubilee (as I work 1 day a week). I had to raise it myself as it was unusual circs (and I wanted the other 2 part timers to benefit really) as management hadn't really thought of it, but agreed as soon as I raised it.

If that bank holiday was my usual working day and I wanted it off it would have cost me 1 day so overall I'd have been "down" 0.8.

(I just worked the next day instead, will do same at Xmas)

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