Holidays based on hrs worked.?

npgallag

Hi,

I was recently out of work for operation for 3 months and when i came back I was told my holiday balance would need to be reduced as Annual holiday entitlements are based on hrs worked in accordance with organisation of working time act 1997..? Can anyone confirm this is correct ? Thanks

mrsbyrne

npgallag wrote: »

Hi,

I was recently out of work for operation for 3 months and when i came back I was told my holiday balance would need to be reduced as Annual holiday entitlements are based on hrs worked in accordance with organisation of working time act 1997..? Can anyone confirm this is correct ? Thanks

At this moment you cannot accrue annual leave while out sick, so the employer is correct
http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/annual_leave_public_holidays.html

clevtrev

Youre still entitled to your full holidays unless you have worked less than 1365 hours in the year which equates to about 33 weeks so most likely you are still due full holiday pay

Mr. Presentable

Your employer is correct. Think about it. Why would your employer be required to give you holidays for a period you didn't work for him? So your holiday credit for the year is reduced by 25%.

Anyhow, you've had three months off already, why would you need a holiday?

clevtrev

Mr. Presentable wrote: »

Your employer is correct. Think about it. Why would your employer be required to give you holidays for a period you didn't work for him? So your holiday credit for the year is reduced by 25%.

Anyhow, you've had three months off already, why would you need a holiday?

law is quite clear on this assuming the op was employed for the full year - org of working time act

There are 3 different ways of calculating your annual leave entitlement:

Based on the employee's working hours during what is called the leave year, which runs from April to March. An employee who has worked at least 1,365 hours in the leave year is entitled to the maximum of 4 weeks' annual leave unless the employment ceases during the leave year. Many employers use the calendar year (January-December) instead of the official leave year to calculate entitlement
By allowing 1/3 of a working week for each calendar month in which the employee has worked at least 117 hours
8% of the hours worked in the leave year, subject to a maximum of 4 weeks
An employee may use whichever of these methods gives the greater entitlement.

An employee who has worked for at least 8 months is entitled to an unbroken period of 2 weeks' annual leave.

mrsbyrne

clevtrev wrote: »

law is quite clear on this assuming the op was employed for the full year - org of working time act

There are 3 different ways of calculating your annual leave entitlement:

Based on the employee's working hours during what is called the leave year, which runs from April to March. An employee who has worked at least 1,365 hours in the leave year is entitled to the maximum of 4 weeks' annual leave unless the employment ceases during the leave year. Many employers use the calendar year (January-December) instead of the official leave year to calculate entitlement
By allowing 1/3 of a working week for each calendar month in which the employee has worked at least 117 hours
8% of the hours worked in the leave year, subject to a maximum of 4 weeks
An employee may use whichever of these methods gives the greater entitlement.

An employee who has worked for at least 8 months is entitled to an unbroken period of 2 weeks' annual leave.

clevtrev, yes, the law is quite clear on this, the op is not entitled to claim annual leave for the period during which she was absent through illness. If you read the link already provided it couldnt be any clearer
http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/annual_leave_public_holidays.html

wmpdd3

clevtrev wrote: »

law is quite clear on this assuming the op was employed for the full year - org of working time act

There are 3 different ways of calculating your annual leave entitlement:

Based on the employee's working hours during what is called the leave year, which runs from April to March. An employee who has worked at least 1,365 hours in the leave year is entitled to the maximum of 4 weeks' annual leave unless the employment ceases during the leave year. Many employers use the calendar year (January-December) instead of the official leave year to calculate entitlement
By allowing 1/3 of a working week for each calendar month in which the employee has worked at least 117 hours
8% of the hours worked in the leave year, subject to a maximum of 4 weeks
An employee may use whichever of these methods gives the greater entitlement.

An employee who has worked for at least 8 months is entitled to an unbroken period of 2 weeks' annual leave.

This is correct but the holiday pay will be 8% of total hours worked divided between those 4 weeks.

So if the OP was out for 8 weeks the OP would get 4 weeks off but only be paid for 83% of their weeks wages.

Best way for the employee to work it out is to calculate 8% of the t0tal hours they will work that year. That is their holiday hours, divide that by 4 and thats what they are entitled to take.

clevtrev

wmpdd3 wrote: »

This is correct but the holiday pay will be 8% of total hours worked divided between those 4 weeks.

So if the OP was out for 8 weeks the OP would get 4 weeks off but only be paid for 83% of their weeks wages.

Best way for the employee to work it out is to calculate 8% of the total hours they will work that year. That is their holiday hours, divide that by 4 and thats what they are entitled to take.

I have dealt with this situation in work and I feel I know what Im talking about My understanding is that an employee is entitled to calculate holidays on whatever basis they maximise their entitlement. If the 1365 hour basis is acheived then the op gets 4 weeks at full basic pay. Its as simple as that. If he hasnt worked 1365 hours then he can either use the 117 hour rule or the 8% rule again whichever delivers the most holiday entitlement.

Excerpt from http://www.employmentrights.ie/en/media/annual_leave.pdf

"An employee is absent from work due to sick leave for a period
of two months. The employee’s normal working week is six
days per week – this does not include overtime. The employee
worked a total of 1600 hours in the remaining ten months of
the leave year. Since the employee worked at least 1365 hours
in the leave year, he/she will be entitled to four working weeks
of paid annual leave for that leave year, which in this case is 24
days of paid annual leave i.e. 6 days x 4 = 24 days paid annual
leave. However, if it is a leave year in which the employee
changed employment, he/she will only be entitled to the
amount of annual leave that he/she accrued during the months"

Anyway there is obvious disagreement to what I have said to date in the thread so maybe best for the op to go and get professional advise

npgallag

HR sorted it for me eventually and looks like i will get full hols entitlement.

"if he does not miss any further time this year, then his estimated hours worked will be 1425. Holidays are only re- calculated if the employee has worked less than 1365 hours in the leave year"

Thanks for your help guys.