Overtime and annual leave

[rolluprollup]

Hi All,

The company I work for calculates overtime based on the amount of hours worked per week. We are paid for 40 hours between Monday - Sunday. Any hours over that are paid at an overtime rate.

There are no set working hours as we provide a service to other companies.

I'm a bit confused though as to what happens if I was to book annual leave during the week.

Eg if I book Monday and Tuesday off do those hours count towards me reaching my overtime or on Wednesday when o go back to work do I start on 0 hours and still have to complete 40 hours to reach overtime?

They should count towards it. They would base it on the average worked, so if normally you work 5 out of 7 then 8 hours a day is your average so.on Wednesday you would start with 16 hours.

What does your contract say?

Usually you have to actually work the hours before you qualify for overtime pay,if it’s payable, but it should be set out in the contract.

I think the problem is there is no average worked. Eg Monday I could be at hone all day, Tuesday out for 2 hours, Wednesday 10 hours etc.

We are paid for the 40 regardless of whether we have only done 10 hours in total all week.

It's very confusing

Ask the company you work for.

The answer will be more reliable than MN.

They seem to think it doesn't count towards overtime. I'm not sure this is right though which is why I was asking here to see if anyone knew how it should be worked out

But you’ve said you work 40 hours a week

Many contracts will say something along the lines that you have to work 40 hours in a week before overtime will be payable. You need to look at yours and see what it says.

Why do you think you’d be eligible for overtime pay when you haven’t actually worked over your contracted hours? You might get some employers who will eg pay someone overtime rates when they’ve been off a chunk of the week and only worked a fraction of their hours but not many.

@rolluprollup

I think the problem is there is no average worked. Eg Monday I could be at hone all day, Tuesday out for 2 hours, Wednesday 10 hours etc.

We are paid for the 40 regardless of whether we have only done 10 hours in total all week.

It's very confusing

Why on Earth would you work 10 hours, get paid for 40, but still expect overtime pay? Unless I’ve misunderstood you.

We are paid for 40 hours work per week. Even if we haven't carried out 40 hours per week. So we are guaranteed pay for 40 hours minimum.

Any hours over the 40 are paid for at overtime.

Surely if I book two days paid annual leave the hours should be counted towards meeting the overtime pay? Otherwise if when I come back to work I then do a full 40 hours over the remaining days then I've not technically been paid for the two days I took off?

Very similar to where I work. Hourly paid staff are guaranteed 40 hours pay per week, then overtime. A standard day therefore is 8 hours.
Holidays are paid at 8 hours per day and count towards the 40 hour week, so if they work 3x10 hour days, then take 2 days holiday they are paid 40 hours basic plus 6 hours overtime.
If they work 3 10 hour days, then 2 5 hour days, they would be paid 40 hours at basic pay.

No one on here will know what your terms and conditions or overtime policy says. As long as it is clear, that’s fine. If it’s not clear, ask for clarity. But as long as you are getting at least minimum wage and are not being discriminated against, how much you get paid isn’t something the law gets involved in. It’s a contractual matter between you and your employer.