Working out pro-rata holiday entitlement

[WindFarmer]

Hello, I would very grateful for some help in calculating a part-time employees holiday entitlement.

The lady started May 21st 2007 and works Mon, Tues, Wednesday, total of 16 hrs per week. Her full-time entitlement for the year would be 25 days and this runs from 1st Jan to 31 December.

How do I calculate her entitlement for 2007, bearing in mind she is part-time and only started May 21st?

Many thanks

WindFarmer

 

What is the number of full time hours for the company that your annual leave is based on?

 

[WindFarmer]

Well the normal working hours per week is 40.

 

So if she was full time working 40 hours a week she'd be entitled to 25 days, which means she's working 16/40 = 0.4 x 25 days = 10 days annual entitlement based on hours worked

or you can calculate based on the number of days worked so 3/5's of the annual entitlement (assuming a 5 day week) = 15 days out of the 25 awarded to full time staff.

This is where the annomalies usually creep in and where companies struggle with consistency.

Then you have that she will have worked 40 out of the 52 weeks a year, so you end up with either 7.69 days using the hours format or 11.53 using the days.

I've seen both used in workplaces, and what has to be clear is on what basis everyone is entitled to annual leave, is it the number of hours or number of days worked.

 

[WindFarmer]

Wow, I knew it was complex, but thanks very much! I think I'll use days, as that's what everyone else is on.

 

Days is usually better, it saves fights about whose doing more work than someone else.
Happy to help - it woke my brain up

 

[WindFarmer]

It woke your brain up?? I'm going for a lie down !

 

[jan-july]

Then you have that she will have worked 40 out of the 52 weeks a year, so you end up with either 7.69 days using the hours format or 11.53 using the days.

As the employee started work on 21 May 2007, she will have worked for 32 weeks by the year end, so her actual entitlement will be 9.23 days for 2007.

15 days entitlement per annum, divided by 52 weeks of the year, multiplied by 32 actual weeks in employment.

 

whoops, apologies, that will teach me for using the outlook calendar, must be some double counting as I've tried to scroll across the months - I should have just dug out the old paper copy instead!!

 

[Antonia @limeone.com]

The more complex calculations can cause headaches as they provide for a fraction which needs to be rounded up and can be an issue for full time employees.

I have yet to see a better way of dealing with this than the recommendation by Directgov.

Quote
Holidays
All workers have the right to a minimum amount of annual holiday. From 1 October 2007 the statutory minimum entitlement will be 4.8 weeks holiday a year, based on your normal working week. For example, if you work:

20 hours a week, your statutory holiday entitlement is 4.8 20-hour weeks
three days each week, you have the right to 14.4 days' holiday - that's 4.8 weeks of three days each

Many employers give more than the statutory minimum amount of holiday. Under the regulations part-timers should be treated no less favourably; this normally means that a part time worker will get a pro rata proportion of what the full-time workers get.

Your employer can't round down the number of days given, because this would be unfavourable treatment, but fractions of a day might be given as hours.

Unquote

 

[JaneMann]

Hi all

On a similar vein, can you help me on this one? I work part-time (three days a week Tues, Weds, Thurs). My company is very fair and they pro-rata holidays/Bank Holidays etc. However, this year, they have decided to close the office on Monday, 24 Dec and Monday, 31 Dec. This means that full-time staff are gaining two days' extra holiday this year. I believe that this should be pro-rata-ed for part time staff and this would mean me receiving a further day's holiday. However, I have been told that they have checked with the employment department (I work for a law firm!) and the answer is
"Unfortunately they are not official bank holidays they are what the firm has decided to award as holidays and therefore if you do not work on these days, unfortunately there is no alternative arrangement."

What do you think?

Many thanks.

 

Thats the same policy I have encountered elsewhere I'm afraid, in fact in a lot of places Bank Holidays also don't count if they are not days you would work anyway, so you don't get additional days for those either.

Effectively it's merely a company shutdown for the Xmas period, as opposed to being holiday entitlement, and therefore is for the companies convenience rather than specifically being to benefit employees - althought of course it does.

 

[Lasting Designs]

Sole trader, Holiday or Pay those are your choices More £'s to yourself

 

[sjbeale]

With part timers it is much better to provide the holiday entitlement and bank holiday entitlement in hours rather than days. The deductions can then be made more appropriately.

 

Hi all
On a similar vein, can you help me on this one? I work part-time (three days a week Tues, Weds, Thurs).

Hi JaneMann,
You have already been correctly answered, if the situation was that you had been working any of the days they you would have received the same benefit on your pro rata entitlement, unfortunately though ......

 

[Robin Byrne]

I would like to know how I would work out the following:

Our full time staff recieve 20 days holiday. The work the normal hours 5 days a week.

We have one part time lady who only work 12 hours a week 3 days a week.

Can you let me know how much holiday entitlement we should allow?

 

[PFT]

Robin, if your full time staff (over 30hrs per week) are still only given 20 days holiday per year, you are breaking the law. As of October 2008, holiday minimum allowance was raised to 24 days to include 4 public holidays, and as of April 2009, it is 28 days to include all public holidays.

In answer to your question, calculate 3/5 of full time allowance, or approximately 14.5 days per annum.

 

[Kymbee]

Hi. Another part time holidays question. A colleague and I both work a Monday, Thursday and Friday and have been told we are entitled to 12 days holiday this year. Another colleague who works Tuesday, Wednesday and Friday however is entitled to 18 days. We all work the same hours just different days. It all has to do with the Bank Holidays. Those working full time get 25 days (5 weeks). Working Tuesday, Wednesday and Friday gets you 6 weeks and working Monday, Thursday and Friday gets you 4 weeks. We can't see how that is fair. Is this right and/or fair? Employers haven't mentioned the new holiday entitlement as of April and I suspect they will try and keep it quiet. Thanks

 

[Christiane]

can't go wrong with this calculator for part timers http://www.businesslink.gov.uk/bdotg/action/layer?topicId=1079427399

Also as a small business I chose not to pay the staff for Bank holidays. People assume they get paid automatically for BH but it's not law, it's down to the business. They get the BH off but don't get paid for them.

As for the new holiday entitlement from April 09, it's law, isn't it, and has to be applied. Employers can keep it shush but I wouldn't want to risk it!

 

[tresa]

our employee started on 23rd feb and left 4th sept how many holiday days is he entitled to

 

[farrells]

Can anyone help me to work out my holiday entitlement I work 28 hours a week and full timers work 35 hours. full time workers holiday entitlement is 22 days what will my holiday entitlement be for working 28 hours a week?

 

[Jiten]

I have a question.....

if you are contracted to work 25 hours a week, but work 31 hours a week on a regular basis, which number would you use to calculate your holiday entitlement?

 

[Jiten]

Can anyone help me to work out my holiday entitlement I work 28 hours a week and full timers work 35 hours. full time workers holiday entitlement is 22 days what will my holiday entitlement be for working 28 hours a week?

17.6 i think

 

[Christiane]

I have a question.....

if you are contracted to work 25 hours a week, but work 31 hours a week on a regular basis, which number would you use to calculate your holiday entitlement?

The rolling 13 weeks rules. If your contract is for 25 hours but you worked 31 hours for at least 13 weeks, the latter prevail.

 

[Employment Law Clinic]

I have a question.....

if you are contracted to work 25 hours a week, but work 31 hours a week on a regular basis, which number would you use to calculate your holiday entitlement?

The rolling 13 weeks rules. If your contract is for 25 hours but you worked 31 hours for at least 13 weeks, the latter prevail.

None of the above!

For workers on variable working hours, the average hours worked in the previous twelve weeks to the leave is used to determine the average working week for holiday pay. (See Section 224 of the Employment Rights Act.)


Karl Limpert

 

[margymoo]

hello all, I run a little cleaning business and the difficulty Im having is, I have a girl working for me and she has had time off but wants to get paid for it, My customers we not cleaned that week so therefore I never got paid off them?
I don't understand the pro rata thing and would love someone to explain it to me.
Her working week varies in relation to hours, for instance this last month she has done 13, 15 & 9 hours as in the nature of this job the hours do tend to fluctuate.

Many Thanks
margymoo

 

[Employment Law Clinic]

Hi Margymoo.



For a week's leave, you need to calculate the average hours worked over the previous twelve weeks worked, and pay this as holiday pay - a minimum of 28 days per year.



A calculator is available at employmentlawclinic.com/annual-leave-calculator/ to help you work out the hours that should be paid.



Karl Limpert

 

[margymoo]

Hi Karl

Does this also cover for her being part time?

 

[Employment Law Clinic]

that calculator will work for part-time staff too; calculating in hours is more sensible for many part time staff.


Karl Limpert

 

[Dee Jones]

Hi I work a 5 day week Tuesday til Saturday therefore I dont get Holiday Mondays they are not part of my working week. I still work 5 days a week and over 40 hours so 5 X 5.6 = 28 days in this being the case I am still entitled to 28 days anual leave? can somone please help me with this answer.

 

[jackie123]

Hi am new to this forum and am hoping someone will be able to help me !! How do you work out a staff holiday entitlement, they commenced work 18th July this year and worl 40 hrs per week, how many holidays are they entitled up until 31st dec 2001?

Thanks in advnace for your help !!

 

[Employment Law Clinic]

Hi am new to this forum and am hoping someone will be able to help me !! How do you work out a staff holiday entitlement, they commenced work 18th July this year and worl 40 hrs per week, how many holidays are they entitled up until 31st dec 2001?

Thanks in advnace for your help !!

Use the calculator on Business Link: http://www.businesslink.gov.uk/bdotg/action/layer?topicId=1079427399




Karl Limpert

 

[jackie123]

That link calculated the holiday entitlement for the year, I need to know the entitlement for someone who has worked 40hrs a week since 18th July 2011, how many holidays are they entitled to between then and 31st December 2011?

Thanks

 

[Employment Law Clinic]

The very first question on the calculator - Which type of annual leave calculation do you wish to perform? - includes as an option

Paid annual leave entitlement for a worker who has started/is going to start working part-way through a leave year

.





Karl Limpert

 

[jackie123]

Thanks for that karl, I clicke on that ..answered the questions and it siad 28 days leave, That can't be right, there is no way that amount of leave could due after only 3.5 months employment? Any help would be greatly appreciated.

 

[Employment Law Clinic]

I get 12.799999999999999, which sounds about right. This is based on the following answers:

Which type of annual leave calculation do you wish to perform?
You answered:
Paid annual leave entitlement for a worker who has started/is going to start working part-way through a leave year
Change
Would you like to work out annual leave entitlement based on hours or days worked per week?
You answered:
Days worked per week
Change
What is the start date of the leave year you wish to perform the calculation on?
You answered:
1 January 2011
Change
When did/will the worker start work?
You answered:
18 July 2011
Change
How many days does the worker work per week?
You answered:
5

The only reason you would get 28 days if it her leave year runs from 18 July each year. The employment contract can & should specify when a leave year runs, but I assume this refers to 1 Jan - 31 Dec.



Karl Limpert

 

[jackie123]

Thank you so much for that, you've been a great help... My head has been turned trying to work that out. I'll give you a shout if I need any help in the future.

 

[TerryAllen]

I need some help calculating pro-rata holiday entitlement. Normal hours are 35 hours per week and are entitled to 24 days holiday PLUS bank holidays. If they reduce their hours to 31 hours per week, over 4 days (Mon, Tues, Thurs, Fri) how many days holiday are they entitled too (not counting bank holidays)?

My thoughts are that they are entitled to 88.57% of 24 (31 hours divided by 35) which would equal 21.25 days (rounded up to 22 days). Is this a fair (and more importantly legal) method of working out the holiday entitlement?

Many thanks

 

[AnneLou]

I am shocked by how many employers seem to be unaware of the holiday entitlement which has been in place since 2009!

As an employer myself, I am well aware of how painful it is!
All staff working 5 or more days a week (irrelevant of hours worked per day) are entitled by law to 28 days paid leave per year. Bank holidays are not part of the entitlement and there is no legal requirement to offer these to your staff.
"Part-time" staff have exactly the same rights. If you employ someone for 16 hours per week over five days, they also have the right to 28 days paid leave per year - paid at 3.25 (more or less) hours per day.
If you employ someone for 16 hours per week over 4 days, they are entitled to their holiday "pro-rata", ie. 22.4 days per year paid leave - paid at 4 hours per day. Amounts to same pay having to be paid when you have no staff to do the job!

Do I sound bitter - yes I bloody am! Its a monumental government cock-up that places a potential catastrophic burdon on my already over-whelmed business.

Hands up those businesses that feel the same! I have no shame in admitting it!

 

[Mitcher]

Hi

Interested in this thread. @Annelou: I understood that the 28 days DID include Bank Holidays, equivalent, basically, to the old 20 days plus Bank Holidays, and that the rule was brought in because some employers gave 20 days in a year but their employees had no choice about when they took 8 of those days because they had to take Bank Holidays. 28 days plus 8 days Bank Holidays, as a basic entitlement, is an awful lot of paid leave in one year.

Mitcher