Part Time Worker & Bank Holidays

[TheWickerWoman]

Hello Everyone,

I've got a question regarding my holiday entitlement;

I work part time; Wednesday, Thursday & Friday. I get the statutory (5.6x3) 16.8 days (rounded up to 17) days holiday a year (including Bank Hols)

This year, Boxing day falls on a Saturday so the full time staff get the Monday (28th Dec) off too.

I assumed I would get the following Wednesday off but my boss said I don't get anything for it as I wouldn't have been working the Monday anyway.

I've got a bit confused looking on the internet, so thought i'd ask here.

Surely if the rest of the staff take the next available day off (Monday 28th) then Part Time do too ? (depending on what next available day they work)

I'm really not sure now. My boss said to have a look into it and I have been but can't really find anything concrete although it does say if full time staff are given a Bank Hol then Part Time staff should receive the same.

Any-one here that can help me out?

Worked at supermarket for 10 years, afraid your boss is right.

If a bank holiday falls on a day a part time worker doesn't work here then they don't get an extra one !!
NHS for 20 years !!

Oh Blimey, so she could be right? The bank hol falls on a Saturday so if the full timers are getting the next available day then shouldn't the part timers?

I thought it was that simple but its a right minefield.

Although actually after I replied to you I googled and you may be on to something ? I'm going to email my HR department.

To avoid treating a part-time employee less favourably than full-time employees, the employer should look at how many bank holidays the part-time employee will benefit from in light of the days of the week he or she works. If this results in a shortfall in the part-time employee's entitlement to bank holidays, the employer should allow him or her additional holiday in lieu to take at another time.

Copied from Gov.uk. I'm going to investigate more !

So you get 17 days total? If the full time workers also get the minimum holidays of 5.6 weeks that seems fine? The bank holiday will be taken out of their leave allowance.

I work part time (0.5 contact) so I get half of a full timers bank hol entitlement. They get 8 so I have 4.

I work Mondays and therefore have to use my bank hol entitlement plus some annual leave to have all the bank hols off as 4 days are not enough.

If I didn't work Mondays then I would end up with a proportion of the 4 days to take when I like just like annual leave as 4 days is more than the number of bank hols (Xmas depending) I need to take. I wouldn't just get my next working day off after the bank hol.

Hope this makes sense!

Bendy, That's what keeps throwing me..

Thatstoast , Yep, I get 17 days off per year. (other workers get the same as far as I know)

COPM, Yes, sort of but my head's frazzled now.. So for example, with this BHol being a Saturday, it's being changed to a Monday so Monday workers get it off, I get it off any way as I don't work that day or do you mean I should get a day off to take at another time (not necessarily the next working day)

Sorry if i'm rambling

I'm part time and get my Annual Leave entitlement and Bank Holiday entitlement worked out pro-rata in hors at the beginning of the year.

If a Bank Holiday falls on a day that I don't normally work, nothing happens.

if a Bank Holiday falls on a day that I DO work, I have to take the time out of my BH Entitlement.

Works out fairly even through the year for me.

No idea if that helps really! I work in the public sector so we tend to get a better deal on stuff like this.

I can see where you are coming from but the full time employees need the Monday off in order to make up their statutory entitlement to 5.6 weeks leave. You already have your 5.6 weeks leave (i.e. 17 days a year) so they do not have to give you an extra day. You are no worse off, you all get 5.6 weeks of annual leave in total.

The full timers aren't getting anything extra. If they didn't get to take the Bank Holiday on the Monday then they would be getting a day less holiday.

By taking it then they are just getting the correct number of days.

Your pro-rata entitlement to Bank Holidays has already been calculated in your annual leave entitlement and you can choose to take them whenever you like (unless a BH holiday falls on a day you work in which case you have to use the leave then).

So no, you don't get to take an extra day because the full timers aren't getting an extra day.

Don't focus on what bank holiday falls when. It doesn't matter. You get in total the same amount of paid leave as the full timers.

If they were being given an extra bank holiday, then you should have that too (on a pro rata basis of course). But they're not. The bank holiday for Boxing Day is not an extra one. Just because it happens to fall on 28 December rather than 26th doesn't change anything.

I don't know what the answer to your question is but that Monday is a bank holiday it isn't just your company changing the day.... I don't know if that helps or confuses the situation more!! Good luck finding the answer (I hope it means an extra day off :)

That's what I'm doing wrong, I'm focussing on the day it falls on.

You've all explained it well now so ivebgot it clear in my head,

Thanks for your input, everyone.