Bank holiday calculation - help!!!

[tradition]

I manage staff and calculate their leave. A full time staff member works 37.5 hours split over 4 days Tuesday-Fri (approx 9.4hours per day). She gets 6 weeks leave. We calculate in hours so that's 225 hours. If she takes a week off I deduct 37.5hrs but for a single days leave I take off 9.4hrs. So far, so good.

We also add in bank holiday hours. As she is full time she gets the full allowance of 9 bank holidays so I have added 9 x 7.5 (67.5 hours) to her allocation. So in total she has 292.5 annual leave hours.

I have gone through the bank holidays and any that she would ordinarily be in work on ie Friday 3 June I have deducted 7.5 hours from her total. As she doesn't work Mondays she mainly has the bank holiday hours to take whenever.

She disputes my calculations and says I should give her the daily hours she works for the bank holidays I.e 9 x 9.4 hours (84.6 hours). But to me this is adding another 2 days to her leave entitlement! Does anyone know what is correct in employment law?

Thanks

Please note in practice we always round these figures up or down in the staff members favour.

I think the law is vague

If there are 5 BH days she should expect to get the equivalent hours which would be 4 days

Assuming that she gets the BH hours for the Mondays she doesn't work

You are right. If you gave her 9.4 X 9 bank holidays, she'd be getting more bank holidays that all the other full timers.

We have a team member is sort of similar. She compresses full time hours to 4 and a half days, never working after 12 on a Friday.

Every bank holiday that falls on a Friday, she works that Friday as normal then has a full day off on Monday in lieu. HR have assured me this is correct.

You are confusing yourself by trying to calculate this in hours throughout. She works regular hours, so this is unnecessary. You should start with working it out in days.

This year, there are 9 bank holidays so someone working 5 days a week will get 39 days paid holiday. That means someone working 4 days a week is entitled to 31.2 days off. If you want to round that up to full days, that will give her 32 days. In a normal year with 8 bank holidays she would be entitled to 30.4 days off, so round that up to 31.

Converting that to hours on the basis of a 9.4 hour day, she will be entitled to 300.8 hours off this year, 291.4 hours in a normal year. If you want to only round up to the nearest half day (i.e. 31.5 days this year, 30.5 days in a normal year), she would be entitled to 296.1 hours this year and 286.7 hours in a normal year. These are the correct figures in law.

So you are both wrong. Your calculation short-changes her, hers gives her too much.

She should be getting the same hours as other full timers (assuming 37.5 hours is full time).

9.4 hours would be deducted per bank holiday, which is correct.

She should be getting (based on 9 bank holidays this year) 292.5 hours holiday and usually 285 hours. Then for each bank holiday she would usually work, you take 9.4 hours her entitlement.

In short, your calculations are correct! If anything, you've been deducting too few hours per bank holiday - it should be 9.4 not 7.5

You should be taking 9.4h off for any BH on her usual working days. Otherwise you're right.

@prh47bridge OP has done exactly the same as you, she just hasn't rounded to whole days.

@HunterHearstHelmsley

In short, your calculations are correct! If anything, you've been deducting too few hours per bank holiday - it should be 9.4 not 7.5

Thanks for all the replies.

Can you explain this a bit further. I thought as I was giving 7.5hours for each BH (and not 9.4hrs), that I should only deduct 7.5hrs if a BH fell on a day she would usually be in work? Otherwise wouldn't I be taking hours from her annual leave pot?

For those suggesting calculating in hours is incorrect we have many staff both full time and part time and have to do leave in the same way for everyone. This is the only person who has queried the calculations but of course I'll have to apply the answer to everyone.

This is really easy - she works ft so she gets exactly the same amount of annual leave hours (Inc bhs) as every other FTer.

If she is contracted to work 9.4 hrs per day, then on any bank holiday that falls on her contracted day, she should have 9.4 hours of leave deducted from her balance. You don't need to give her 9.4 hours to cover each bh!

You and her could come to an arrangement that she only uses 7.5 hours for every BH that falls on her day and she can save the rest, but she definetly shouldn't be getting more hours of leave than any other FTer.

@tradition

Can you explain this a bit further. I thought as I was giving 7.5hours for each BH (and not 9.4hrs), that I should only deduct 7.5hrs if a BH fell on a day she would usually be in work? Otherwise wouldn't I be taking hours from her annual leave pot?

You're giving her 7.5 hours per bank holiday, her working day is 9.4 hours. If you only deduct 7.5 hours then she is being paid for just under 2 hours extra for each bank holiday. Effectively, she would end up with 15 hours more bank holiday than every other full timer if she were due to work all the bank holidays.

You wouldn't deduct 7.5 hours instead of 9.4 hours of her annual leave if she took a day off. Its the same.

For those suggesting calculating in hours is incorrect

It is absolutely fine to calculate in hours, although that is normally only done when people work irregular hours, i.e. the number of hours they work varies from day to day. There is no need to calculate in hours just because some staff are part-time.

To do the whole thing in hours, your full-time staff are entitled to 6 weeks plus bank holidays. That works out at 292.5 hours. As this employee works 37.5 hours a week, the same as full-time staff, she is also entitled to 292.5 hours in total. The fact her working day is 9.4 hours and she only works 4 days a week is irrelevant. That works out at 31.12 days based on a 9.4 hour day, so a little lower than I got by doing it in days, rounding up then converting to hours. On that basis, your original calculation is correct and conforms with employment law. Your employee is wrong.

I work in local govt and my leave allowance is calculated in hours, as are my bank holiday hours, as I am part time. Bit full time workers get their allowance in days. It's always been a bit confusing.

Your calculation is right and hers is wrong, but you need to deduct 9.4 hours for every bank holiday that she is due to work, not 7.5.

@AlexaShutUp

Your calculation is right and hers is wrong, but you need to deduct 9.4 hours for every bank holiday that she is due to work, not 7.5.

Sorry - I missed the fact you are deducting 7.5 hours for any bank holiday she is due to work. That means you are giving her too much holiday. She should get 292.5 hours in total less 9.4 hours for any bank holiday that falls on one of her working days. As she doesn't work Mondays, there are 4 bank holidays in 2022 that fall on her normal working days. That works out at 37.6 hours but, as it is equivalent to a working week for her, I would deduct 37.5 hours, leaving her with 255 hours to use however she wants.

Calculate the total Al in hours of a standard worker using standard days

So if 7.5 he day with 20 days leave and 8 BH days they get

7.5*28

And she gets the same hrs to use

If she has to take leave on a BH that she would normally work she takes 9hrs

Over the year she works the sane number of hours as everyone else

OP re the allowance for bank holidays: if she was working that day, she'd work 9.4 hours, so that's how much time off she's getting. So that's what you need to deduct. It's the same as the holiday days.

@namechange30455

OP re the allowance for bank holidays: if she was working that day, she'd work 9.4 hours, so that's how much time off she's getting. So that's what you need to deduct. It's the same as the holiday days.

The bit I struggle with (and what she is challenging) is that I'm only giving her a 7.5hr up front allowance for each bank holiday but then deducting 9.4hrs

You are giving her 8x7.5 hours
She doesn't work all the BHS. So she doesn't use them at a rate of 8x7.5. She uses them at a rate of (eg) 5x 9.4

Is she contracted to work a Monday?

No. She works Tues to Fri

The bit I struggle with (and what she is challenging) is that I'm only giving her a 7.5hr up front allowance for each bank holiday but then deducting 9.4hrs

Stop thinking about bank holidays as special of different. They aren't.

Staff working 5 days a week, 37.5 hours a week receive 292.5 hours total holiday this year - 6 weeks of 37.5 hours plus 9 days of 7.5 hours. This employee is therefore entitled to the same - 292.5 hours. However, her days are 9.4 hours so when she has a day's holiday, regardless of whether it is a bank holiday or some other day, she uses 9.4 hours of her holiday.

sorry - special or different

Tbh she's a bit daft raising this as her holiday entitlement will have been in her favour up until now!

OP if you had an employee who worked half days, you wouldn't deduct 7.5 from their BH allowance - you would deduct the number of hours they would work that day.

Same with her

@BernadetteRostankowskiWolowitz

Tbh she's a bit daft raising this as her holiday entitlement will have been in her favour up until now!

That's what I was thinking! She's shot herself in the foot.