Help with annual leave entitlement

[Teddy0822]

I work part-time hours Monday- Friday
How is the annual leave worked out pro rata?
As I am really not understanding it.
I've looked at my recent wage slip,and so far I have only got 6 days holiday so far,and being told that if I book annual leave I might not necessarily get paid for all them days and been told its based on hours worked,
Also if I'm off sick does this effect hours worked?
My holiday year runs from Jan 31st- December 31st.
So I have worked jan up until now,with only 2 days Sick,which I asked to be unpaid.
I have worked for the company a number of years and being told,I need to accrue the holiday before I take it,as I said previously I might not get paid all the annual leave days,
Forgive me if I am wrong,but thought you only need to accrue holiday if you are new to a company or have started part way through the year,
Could anybody help with this understanding it all

If you are part time, the holiday is accrued pro-rata. So for example if you work mornings only mon to Wed 4 hours a day, you would be accruing 4 hours a day 3 days a week holiday. So if your company had an allowance of 24 days a year for a full timer you get 3 days worth, then divided by the fact you only work a half day. So something like 6 days a year. (Although when you work that back up hourly if works out the same as a full timer.)
But when you book 1 days holiday it doesn't go from 6 to 5.....it would be reduced by 4 hours.

Why did you take your sick leave unpaid? Surely there is a policy to pay you if you are sick.

I think if you are confused by it all it might be even more confusing with lots of mumsnet posts! I think your best bet is to use the calculator and advice from ACAS

https://www.acas.org.uk/checking-holiday-entitlement/calculating-holiday-pay

you can also look at sick advice on their website

Are you on a permanent contract? If so you should have “access” to all your leave entitlement after the first year.
WRT pro-rating leave, it’s easier to think of it in percentages. So if you work 3 days you work 60% and are entitled to 60% of a full time leave entitlement (including 60% of bank holidays). So in a company with 20 days full time leave entitlement + bank hols (28 in total) you would get 16.8 days, rounded up to 17.

I don’t think OP is confused about the number of days, I think it’s more the fact they’ve told her she has to earn the leave as she goes: so, if she gets 4 days of leave per year she can’t get all 4 in February, they are saying she has “earned” 1 day if she works theee months, another day once she’s worked another 3 months etc. which seems mad!

Thank you for commenting,I work 4.5 hrs
A day Monday to friday,so 5 days a week
So my contract says 28 days that's including the bank hols,I just assumed when my annual leave starts on the 1st Jan I could take 5 days for example but upon querying it,I was told I need to accrue the holiday or if I haven't accrued enough I won't be paid,that I need to look at my pay slip to see how much I have so far,as I said in my previous comment it says in pounds I have 306.00 my hourly rate went up the 1st april so when I tallied it up that's about 6 days annual leave so far

On my contract it only says ssp,I was off 2 days,it doesn't say anything about being paid for being sick,so just assumed I take it unpaid,as again was told my annual leave is based on hours work,so the way I see what I've been told,if your off sick and haven't worked my normal hours that particular week then it affects my annual leave.
Should I have not taken it upaid the sickness if it only mentions ssp.

Yes permanent contract it just says 28 days,part time is worked out pro rata.i work 4.5hrs a day Monday to friday,

sickness shouldn’t affect your leave entitlement, but if it’s SSP you won’t get paid for the first 3 days off sick.

How many hours is a full day? You need that to work out your % hours worked (full time equivalent).

As I was off for 2 days,I just assumed I take it unpaid,as yes ssp you do not get paid for the first 3 days,I assume full time is different person to person,it could be 6hrs 7hrs or 9 or 12 hrs

Your employer is giving you the legal minimum of 28 days including bank holidays. We are 4 months into the year, so your entitlement for the year to date is 9.33 days. There have been 3 bank holidays, so you have 6.33 days available. Whether you are paid for days you are off sick makes no difference to this - paid days sick do not come out of your holiday entitlement.

Most employers allow you to take holidays in advance of earning them, so you would be able to take 5 days paid holiday in January if you wanted. However, employers don't have to do this. An employer is entitled to say that you can only take paid holiday after you have accrued it, which is what your employer is doing.

You work Monday-Friday so it’s 28 days for you as well.

Or 126 hours.

What are full time hours? Yours would be worked out in hours, so 28x4.5 then you deduct 4.5 for every day you take off.

That’s completely wrong and probably illegal. Going gov website and it calculates your annual entitlement in hours and you can work out the days from there If your on set days and hours each week. I’m going through the same thing I’ve been there 11 years and went part time 7 years ago and I’ve always queried my days and got fobbed off so took them as sick days as I knew I was right (we get paid for them) no one would listen and finally we have a new person who I went to about it and they are backdating me 7 years on annual leave because I was right!!! It’s over 20 days I lost out on my entitlment going back

Okay,thank you for clearing this up,obviously I want to paid whilst taking annual leave,so when I looked at my January wage slip I had only accrued 1 days holiday,so as I was told I thought I cannot even have 5 days in January if I wanted to as I wouldn't of accrued it,so your saying I can book,however many days I want

I think people are over complicating this massively…

You have 28 days leave, as you work 5 equal days.

The Working Time Regs allow for holiday to accrue monthly, but only during the first year of employment. After that, you can take your 28 days as you wish. So yes, they can only permit you to take accrued leave during the first year.

Having said that, most employers don’t use the accrual provision in practice and just allow the full leave allowance (but they don’t legally have to). It’s odd that they are doing it this way though as you’d actually be off MORE, albeit unpaid.

And it’s correct that SSP wouldn’t be paid for the two days you had sick, as they were “waiting days”.

You should have accrued 9.3ish days though, less bank holidays taken so far (3 to date) so should be enough for a week if you haven’t taken any other holiday?