Holidays and reduced hours

[Christiane]

One of my staff was employed for 5 days a week from Jan to end of Aug. She was entitled to 28 days. Now she works 4 days a week and I calculated her new entitlement is 22.4. Is she still entitled to the full 28 days until the end of the year? I understand I have to wait 13 weeks before I can re-assess her entitlement, which will be end of December. However, this means that by that time, she will have taken more holidays than she would have been entitled for, or am I getting this wrong?
She wants to take another 5 days off (she already took 15 days + 8 BH = 23).
Thanks

 

[Christiane]

I think I should calculate 36 weeks at 5 days and 16 weeks at 4 days, which gives me 16.7 + 7.5 = 24.2 days :|
so she would only have 1 day left. :|:|

 

[Employment Law Clinic]

Hi Bea,

Holidays are still a very complicated area in law. There was a ruling that an employee wasn’t overpaid when they took off more time than it emerged they were entitled to, having left employment before the end of the leave year – at the time of taking the leave, there was no reason not to assume they weren’t entitled to the leave for which they applied, and the Employment Appeals Tribunal therefore ruled they were not overpaid. Applying that to your case, you couldn’t recover any excess of leave by the end of August.

From September, my calculations come in slightly different to yours: 19.4 days for Jan – Aug, and 6.9 days for Sept – Dec. I don’t follow how she has already taken off 15 days + 8 bank holidays – we’ve only had 6 bank holidays in 2010.

With respect to waiting 13 weeks until you reassess her holidays, I don’t understand the thinking behind that. Can you explain what you mean or why you think this is required?

Also, do you require staff to use holidays on bank holidays? If so, you’ll need to make sure there is time kept back for 27 & 28 December, and only allow whatever is left to be taken.


Karl Limpert

 

[Christiane]

Thank you very much Karl. It is 15 days + 6 BH, sorry for the typo.

I recalculated many times and came up with 25.5 days, i.e. 31 weeks at 5 days and 21 weeks at 4 days. She needs 2 days for Christmas and has 2.5 to take as leave. Bank Holidays are indeed included in their entitlement and she would normally work on both days at Christmas.

The 13 weeks doesn't apply, ignore me :redface:

I can't believe I spent over 2 hours between yesterday and today just working this one out.

 

[Employment Law Clinic]

I can't believe I spent over 2 hours between yesterday and today just working this one out.

It can be very time-consuming calculating annual leave for part-time staff.

I recalculated many times and came up with 25.5 days, i.e. 31 weeks at 5 days and 21 weeks at 4 days. She needs 2 days for Christmas and has 2.5 to take as leave. Bank Holidays are indeed included in their entitlement and she would normally work on both days at Christmas.

Is this latest figure correct? Isn't it 35-36 weeks she worked on a full-time basis?


Karl Limpert

 

[Christiane]

Is this latest figure correct? Isn't it 35-36 weeks she worked on a full-time basis?
Karl Limpert

Yes, the 31 / 21 weeks is correct. I had rushed counting but when I sat down and looked at it properly, she worked 5 days for 31 weeks.

Thanks very much for your help.