Holidays for a part-time employee

digzy

afaik a full time employee is entitled to 20 days hols p/a.

Whats the entitlement for someone working 3 days a week and getting sw for the other 2?

the 3 days are mon,wed and fri. where there's a bank hol its tue instead. is this legal or is the worker entitled to bank holiday leave?

Victor

You are entitled to both holidays and bank holidays, however, there are catches.

You are entitled to the 20 days holiday, however, the holiday pay would be calculated on the average weekly pay. I'm not sure what he position is regarding the taking of those days if you are being paid by DSP. The employer can designate when holidays can or can't be taken, e.g. a Christmas decoration shop might restrict holidays in the run up to Christmas, but insist that a certain number of days are taken from Christmas to New Years. They do need to grant the full 20 days though.

For the bank holidays, the employer can offer the day off (paid), a day off (paid) in lieu or an extra day's pay. Pay is calculated on average weekly pay

ResearchWill

digzy wrote: »

afaik a full time employee is entitled to 20 days hols p/a.

Whats the entitlement for someone working 3 days a week and getting sw for the other 2?

the 3 days are mon,wed and fri. where there's a bank hol its tue instead. is this legal or is the worker entitled to bank holiday leave?

Most PT workers have holidays calculated as 8 hours per 100 hours worked, some companies add 8% to pay to cover holidays, if the person only works a few hours.

Bank holidays if memory serves me depend for PT workers on hours worked in set period before public holiday, I think it is minimum of 40 hours in total in previous 5 weeks.

Info here http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/public_holidays_in_ireland.html

Glenbhoy

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.

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/annual_leave_public_holidays.html

In my experience the 8% rule is generally used for part time employees (especially casual type). Btw OP, are you a part time worker or a short-time worker? Short-time being a temporary situation where a company does not have enough work to retain a previously full time worker

Public holidays
Your employer must pay you for the public holidays which you don’t work as long as you have worked at least 40 hours in the 5 weeks immediately before the week of the public holiday. You can find more information in our document on public holidays.

If you work and get Jobseeker's Benefit, you get a daily rate of Jobseeker's Benefit for the days that you don't work. You will not get Jobseeker’s Benefit for the day you receive payment from your employer for a public holiday but you can continue to get Jobseeker’s Benefit for the other days you do not work.

http://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/social_welfare_payments_and_work/jobseekers_benefit_and_work.html

ScouseMouse

I had NERA in to inspect me and this is the formula we used for calculating part time worker holidays.

8% of the average working week.

The average working week is the total of hours worked over the previous 13 weeks divided by 13.

Hope this helps.