Am I entitled to paid holiday?

marrakechheat

Hi all,

I started work in Sept'12, around 25 hrs/ week. No problem with wages so far until this week (workplace is closed for this week til 2nd Jan). My wages is usually transferred into my bank every week but nothing has gone in for this week. I'm just wondering if there's a delay due to Christmas holiday (my bank is different to employer's bank) or that I'm not entitled due to me only started in Sept or/and the amount of hrs I work/ week. I should get 28 days paid holiday shouldn't I? Other workmate (full time and is with the same bank as employer's) has gotten her wages, though 2 days later than her normal payday.

Thanks for the help and advise.

davo10

marrakechheat wrote: »

Hi all,

I started work in Sept'12, around 25 hrs/ week. No problem with wages so far until this week (workplace is closed for this week til 2nd Jan). My wages is usually transferred into my bank every week but nothing has gone in for this week. I'm just wondering if there's a delay due to Christmas holiday (my bank is different to employer's bank) or that I'm not entitled due to me only started in Sept or/and the amount of hrs I work/ week. I should get 28 days paid holiday shouldn't I? Other workmate (full time and is with the same bank as employer's) has gotten her wages, though 2 days later than her normal payday.

Thanks for the help and advise.

You are incorrect I'm afraid. If you are in full time employment for all of 2012, you get a minimum 20 days paid leave but this decreases on a pro rata basis depending on the number of hours you have worked this year. Check the annual leave section on citizens advice website to calculate your entitlement.

You seem to be working the equivalent of 3 days per week for 4 months of this year, so ~ 4 days holidays this year.

Sikpupi

I believe as a part-time worker like you - the calculation for your holiday entitlement is 8% of hours worked. I would say 12-13 days a year on a 7.75hr day. Over 4 months that would be 4 days due to you.....did you apply for them to be paid to you???

Otherwise your entitlement will be carried into 2013.

Check your company policy on Holidays ...

tatli_lokma

marrakechheat wrote: »

Hi all,

I started work in Sept'12, around 25 hrs/ week. No problem with wages so far until this week (workplace is closed for this week til 2nd Jan). My wages is usually transferred into my bank every week but nothing has gone in for this week. I'm just wondering if there's a delay due to Christmas holiday (my bank is different to employer's bank) or that I'm not entitled due to me only started in Sept or/and the amount of hrs I work/ week. I should get 28 days paid holiday shouldn't I? Other workmate (full time and is with the same bank as employer's) has gotten her wages, though 2 days later than her normal payday.

Thanks for the help and advise.

first of all I don't know where you got the idea you would be entitled to 28 days holiday. At 25 hrs per week you would be 65hrs short of the 1365hrs needed to get 20 days statutory minimum leave. On your hours the easiest way to calculate leave is 8% of hours worked.

However if you have worked 25hrs each week since 4th Sept then by now you would have accrued 32hrs paid leave. You would also be entitled to 1/5th of your working week for each bank holiday so for this week you should have 5hrs paid on both Tuesday and Wednesday and then you could use 15hrs of your holidays to make a full week. But this would have to have been agreed prior to the leave being taken.

Would I be right in thinking that you get paid in arrears (this is usually the case). In which case your payment due this week would have been for work last week so I can't see any reason why you would not have been due your normal wages this week and at least 10 hours next week (for 25th & 26th).

davo10

Sikpupi wrote: »

I believe as a part-time worker like you - the calculation for your holiday entitlement is 8% of hours worked. I would say 12-13 days a year on a 7.75hr day. Over 4 months that would be 4 days due to you.....did you apply for them to be paid to you???

Otherwise your entitlement will be carried into 2013.

Check your company policy on Holidays ...

There is no requirement on the company's part to carry them over, OP may have used up the 4 days already in the last four months, it would be illegal for the company to "pay" her enlieu of the days if untaken but the onus is on them to make sure employee has taken them before year end.

Sikpupi

There is no requirement on the company's part to carry them over

Agreed.....hence the stipulation for OP to check Company Policies / Contract of Employment. Some companies (like mine) allow a certain amount to carry over.

davo10

I suppose the important question OP is, have you already taken/been paid for any leave days since you started?, if you have, then your holiday entitlement may have been used up.

marrakechheat

Hi guys,

Thanks for the swift reply and 28 days is my bad. I meant 20 days (4 weeks annual holiday) according to my mate at work. This is my first job so I really have no idea what the formula is. Due to the nature of my work (in a daycare) we have holidays at certain time (around 1 week at Christmas, 1 week for Easter, 2 other weeks in summer time). I was told this by my friend at work, she might not know the exact regulation on full time and part time workers and she didnt mean to mislead me.

marrakechheat

oh and also, i have not taken any day off since i started and i get paid every thursday for the work i do that week, so not in arrears

tatli_lokma

marrakechheat wrote: »

oh and also, i have not taken any day off since i started and i get paid every thursday for the work i do that week, so not in arrears

So you work Thursday to Wednesday and then get paid the next Thursday? Or you work Mon to Sunday and then get paid.on Thursday of the next week? Either way technically then you are paid in arrears. So your wages this week should have been your full normal wages and next week you may notice a difference if you had not made an agreement to use your holidays.
And again you would not be entitled to 20 full days per year as you do not work enough hours. But in reality if you work 5 hours per day then you would accrue 104 hours which essentially is the same to you as 20 days - all be it 20 x 5 hrs days.

It could simply be an oversight due to the holidays. Rather than ask your mate check your contract and also have a chat with your boss.

marrakechheat

hi all,

thanks for all advise, really enlightened me on this matter. confusion and curiosity sorted. have a good new year