sister going back to work - bullying boss / holiday entitlement

[frgr]

Hi,

i've just had an email from my older sister who, for over a year now, has not got on very well with her direct manager (she's not the only one in the team, although it's not a huge problem, no overt issues, it's just he's not very good, totally disorganised, etc).

She has taken 4 months maternity leave and is due to go back part time at 3 days a week in the 2nd week of January, she's looking forward to it, so that's fine. but she has been working for the same company for 11 years, acrued extra bonus holidays, and basically her boss is trying to remove all her extra holiday entitlement. Which doesn't seem fair?

I asked her to tell me what her contract says, in the appendix it says this:

"Fulltime employees are entitled to 28 days paid annual leave. Employees will receive an additional day holiday for each year of continuous service. This is up to a maximum of 8 days. The holiday year is calculated from January to December. Holiday entitlement is contractual and is earned on a pro rata basis."

So... she's been fulltime until now, and got the extra 8 days holiday. Her boss is trying to say that if she goes to 3 days a week she will lose those extra 8 days.

Surely since she has accrued them, she'd be entitled to them as a benefit? Or, in worst case, she'd be entitled to 60% of the 8 days... so that would be 6 extra days on top of her legal 28 minimum.

They can't just take it away when she's accrued it for her years of service can they? She's got a meeting with HR anyway to finalise going back, but wants to go in armed with facts, hence her email to me. but i'm not sure either!

Sorry i meant: in worst case she'd be entitled to 4.8 days of holiday. since she's going 60% part time, and 60% of 8 days is 4.8.

not 6, i have no idea how i got that figure!

I would have thought that she retains the extra that she's already gained due to length of service, but any further accrual would be on a pro-rata basis. I think. ie: from now on, she works 60% so for each year she works she gets an extra 60% of a day.

her entire holiday allowancce will be pro-rata won't it?

so 28+8 = 36

so she should get 3/5th of that surely ie 21 days?

I've accrued extra days holiday due to long service and I get them pro-rata.

I was in exactly the same position as your dsis (except I took a year's leave) and there was never any question of me losing the extra days.

I would expect her to get 60% of 8 days. Remember that Bank Holidays should be pro-rata as well whether they fall on a day she works or not.

Yes, 28 days x 60% plus 8 days x 60% plus BH x 60% (unless BH are included in the 28 days)

sorry just seen that the max is eight days.

I personally think her boss is wrong and she retains the 8 as it is length of service based.

hairy, that's how I assumed it to be as well. or at the very least 60% of her total normal days.

but the wording in her contract makes it sound like she accrues extra days pro rota, but once she's earnt them, they are hers even if she cuts back on the days.

whichever way it is, i'm sure her boss just can't say "ok so you're working 3 days a week now, you're not entitled to any of the extra 8 days" - that would be a massive cut! And one which she never had any idea about before making the decision.

I will show her this thread tonight - we're off to visit her to drop off presents and I think it would be helpful to have a chat / see how she plans to tackle this (she's been a bit stressed over it)

oh, i'd forgot to add - bank holidays are included in their basic 28 days according to my sister. so that WOULD be covered under her basic allowance.

She can't be disadvantaged as a part timer so her holiday entitlement should be pro rata whatever she would be on as a full timer.

Ah I see!

full time hol entitlement = 28 + 10 = 38

Part time (60%) pro-rata'd = 38 x 60% = 22.8

oh god, just ignore me! 28 & 8 = 36 pro rata'd to 60% = 21.6

she would be entitled to 21.6 days, is there noone in HR she can get clarification from?