Question about pro rata and holidays

[oustedbymymate]

Hello. Bit of a complicated one. I work term time only (not in a school) and as such my annual salary is pro rata for 39 weeks. I am not paid for the 13 weeks of the year of school holidays.

the bussiness has 25 days holiday allowance and 5 must be kept for Christmas. So have 20 days to use throughout the year.

over Christmas they use the 5 days for Christmas shut down. The business closes for two weeks.

My question is should I be able to be paid for those 5 days or get them back to use at another time? I am not paid for those two weeks at Christmas as they fall into school holidays 13 week period. I have 20 days holidays and my colleagues are obviously paid the 5 days over Christmas as their holidays and I think I should be paid too or have the 5 days back?

is this right or not? Thanks!

Basically your annual leave and bank holidays should be pro rota like your salary.
So assuming you work full time hours for 39 weeks out of 52 weeks then that's 75% of full time.
So if full time /full year contract is 25 days annual leave, you'd get 18.75 days annual leave, if there's 8 bank holidays in a year you'd get 6 days bank holiday.

To close for 2 weeks at Xmas and only use 5 days annual leave does your employer give staff an additional 2 days? If so you would get 1.5 days.

My maths my be dodgy so check it but that's the basic principle.

If more bank holidays fall on your working days than what you are entitled to take then you have to use annual leave to cover it. But if your working days on bank holidays is less than your pro rota allowance then the extra bank holidays should be added to your leave to take at another time.

So you don’t work during the 13 week school holidays (which will presumably include the 5 days Christmas closure) and you take your annual leave during your normal term time working yes?

In which case your FTE is 39/52 - 75%. Is that right?

If so then yes, you should get 75% of those 5 days of Christmas closure. In addition you should also get 75% of bank holidays that also fall within the 13 week school holidays - which would be 3 days at Christmas, 2 at Easter, probably 1 at May half term (depending on dates) and 1 for August BH. So you should get 75% of 12 (5 +3 + 2 + 1 + 1) so 9 extra days.

Yes I work full time (40 hours) for 39 weeks a year.

I don’t understand what you mean by more bank holidays falling on my working days? Sorry what does that mean?

yes I take my annual leave during normal working time.

thanks for replies!

If you’re part time then your holiday entitlement is the fraction of full time (so eg an 80% person gets 80% of 25 full days - 20 full days). Your bank holiday entitlement is also the fraction - in your case you’re allowed 6 bank holidays. If your working pattern was that you would normally work on all 8 bank holidays (it doesn’t so don’t worry) then only 6 would be covered by your pro data bank holiday entitlement and you’d have to take 2 days annual leave to cover you being absent the other 2 BHs.