Part time & bank Holidays

[MumofOne2017]

Hi everyone,

Hoping you might be able to help...

I recently returned to work on a part time contract - three days a week.

Tuesday, Wednesdays and Thursdays and there are quite a few bank holidays coming up on Mondays and Fridays...

My line manager says I'm not entitled to days in lieu for these days on a PT contact is that correct? Can anyone from HR help?

Not sure about legal entitlement. But where I work, we add together the no bank holidays plus days annual leave. Then pro rata the total. Then use whatever needed to cover bank holidays we would be working and whatever is left is for our chosen holidays. Hope that makes sense? So people working Monday’s usually have to use more for the bank hols, people who wouldn’t work bank hols anyway get to choose more annual leave dates - but everyone gets same (pro rata’d) total time off

I’m a teacher so won’t be exactly the same but we do get a proportion of the bank holidays. You won’t be entitled to full days off in lieu though - say there are 6 BH and you work 0.5, and none of your days fall on a BH. In my job you would be entitled to 3 days - either to take or to be paid for. If you did work on a Monday and therefore got 6 BH when only entitled to 3 as 0.5, you would need to work extra days or lose some money. Quick email to HR should resolve it. All holidays need to be pro rata’d. If no one at your work gets paid BH then you don’t either, if they get them then you get half (or whatever your proportion is)

It should have already been allowed for in your holiday entitlement. What is the full time holiday entitlement? You should get 3/5 of that

If you worked full time the legal minimum holiday per year is 28 days ie 20 days of your choosing plus bank holidays
You are still entitled to this 28 days but pro rata to the number of days you work
So you are losing nothing you just use your holidays on the days you choose and don't have to use them to cover bank holidays The only exception is Christmas which can fall on any day
There is a government website where you can easily work out your minimum entitlement
Hope this makes sense

I work 2.5 days. Monday, Wednesday and half day Friday. We're closed on any bank holidays but I get time in lieu for any bank holidays that fall when I should be working. We have someone who never works Monday's so doesn't get any as it not a normal working day.

Your entire leave allowance for the year should be pro rata'd. So if you get 30 days pa including bank hols, you'd get 3/5 of this as you work 3 days. The fact you don't work bank hols means you're quids in with leave. I used to work tues/weds and I always had tonnes of extra leave because of not working the bank hols.

You should get 3/5 of the holiday and bank holiday allowance for the year pro rated by the number of months left in the holiday year.
I think the ACAS site refers to this.
If a part timer working days fall on a bank holiday day they will be expected to allocate a day of their allowance. However if they don’t work on a day bank holidays fall then they get the day as annual leave to use as they wish

As above.

We've just taken on someone to do 2 days a week. 28 day statutory minimum x 2/5 = 11.2 days so we've given her 11.5.

This means that she's entitled to 5.75 weeks off compared to a full time person's 4 weeks plus bank holidays.

Assuming you're due to get only the bare statutory minimum, 3 days working is equivalent to 16.8 days leave. Obviously Christmas holidays may fall on that so you may find some years you're better off than others (ie one year you may have to use 3 days allocation and other years none).

“we add together the no bank holidays plus days annual leave. Then pro rata the total.”

This. So you should get 60% of Bank holidays added to your annual leave. If a Bank hol (Christmas / Bixhng Day /NYD) fall on your work day it is counted as one of your days off your total leave allowance, otherwise you take the days as your normal holiday.

But it isn’t as simple as you get a day off in lieu every time there is s Bank Hol.

deathmetalmum what you deceive is different to what everyone else describes. Your colleagues should not have zero BH entitlement simply because they don’t work on a Monday!

What whynot describes is how it works in the NHS. I don't think it's a legal requirement to do it this way, although it certainly seems to be most common (very hard to demonstrate you're treating part time and full time workers equally otherwise!). Certainly it is a legal requirement for you to be entitled to the minimum required leave (pro-ratad) though.

Many have explained it well but it does depend on your full time colleagues and what they get.

Legally you are entitled to 28 days only (or pro rata if part time) and out of that may need to take BH if you need to.

In practice many will give an annual leave entitlement eg 31 days plus bank holidays.

If you are part time and don't work 5 days a week then you should have a pro rata amount for bank holidays adding to your annual leave total and then if a Bh falls on a working day you take it out of your entitlement.

If you work Mondays this can mean you have less 'choice' on when you take your leave as you will have to use some of your normal annual leave to make up for for the extra days. For example, if you work half the hours of a full timer you are entitled to 4 days for bank holidays however 6 of the 8 bank holidays could fall on a Monday (good Friday never will and you won't have both Xmas and Boxing Day on a Monday). This means you will have to use 2 of your own holidays on a Monday bank holiday.

I have worked in places before where part time staff can work on another day that week to save having to take a day off on a bank holiday but this won't be available to many.

How many days holiday do you get? As past posters say you should have B/H added to your leave entitlement.

So, 20 days + 8 bank holidays (this year) pro rata.

On 3 days this should be 16.8 days annual leave minimum.

My annual leave is worked in hours but same method applied.