4 day week, entitled to bank holiday in lieu?

duchalla

My mother in law has gone on 4 day week at work. She been working fulltime for the company for bout 10 years. She's off every monday. Is she entitled to 4/5 of a bankholiday as leave in lieu? She's working 80% of the week and her annual leave has been cut to reflect this. Would she be entitled to 4 out of every 5 bank holidays as leave in lieu? She asked the boss if she was entitled to anytime off, he said no, but i wouldnt believe a word that comes out of his mouth.

Cheers in advance.

I am pie

Not clear what you mean here? She has volunteered to reduce her hours, her benefits have been reduced proportionately.

She takes the same bank holidays as everyone else I assume, i.e. when there is a bank holiday she is off work? What is 4/5ths of a bank holiday in lieu?

Not following you?

duchalla

She wanted to cut her hours, the boss said she can take mondays, most bank holidays fall on a monday, she doesnt get paid or get leave in lieu for the bank holidays. If she was off on tuesdays, it wouldnt be an issue. She works 4 out of 5 days, which is 80%. Shouldnt she be entitled to 80% of the bankholidays over the year in lieu?

I am pie

duchalla wrote: »

She wanted to cut her hours, the boss said she can take mondays, most bank holidays fall on a monday, she doesnt get paid or get leave in lieu for the bank holidays. If she was off on tuesdays, it wouldnt be an issue. She works 4 out of 5 days, which is 80%. Shouldnt she be entitled to 80% of the bankholidays over the year in lieu?

My personal opinion is no. What would she do, work for a 5th of a day once a year? Did she ask to take another day off or was Monday they only offer?

Bank holidays are not included in leave entitlement.

Stheno

I am pie wrote: »

My personal opinion is no. What would she do, work for a 5th of a day once a year? Did she ask to take another day off or was Monday they only offer?

Bank holidays are not included in leave entitlement.

I'd agree if you don't work bank holidays you've no entitlement to any leave in relation to them.

mitosis

From citizensinformation.ie

Part-time employees

If you have worked for your employer at least 40 hours in the 5 weeks before the public holiday and the public holiday falls on a day you normally work you are entitled to a day's pay for the public holiday. If you are required to work that day you are entitled to an additional day's pay.
If you do not normally work on that particular day you should receive one-fifth of your weekly pay. Even if you may never be rostered to work on a public holiday you are entitled to one-fifth of your weekly pay as compensation for the public holiday.
In all of the above situations your employer may choose to give you paid time off instead of pay for the public holiday.

duchalla

Monday was the only day offered to her. My suggestion was for her to get a days leave in lieu for 4 out of every 5 bank holidays. If she was off on a mid week day, she'd still be off on a bankholiday monday and get paid for it. I just feel the boss is trying to pull a stroke.

mitosis

duchalla wrote: »

Monday was the only day offered to her. My suggestion was for her to get a days leave in lieu for 4 out of every 5 bank holidays. If she was off on a mid week day, she'd still be off on a bankholiday monday and get paid for it. I just feel the boss is trying to pull a stroke.

As per my post, she is entitled to 20% of her weekly pay additionally.

duchalla

Cheers for that mitosis. Thats what i reckoned too.

I am pie

duchalla wrote: »

Monday was the only day offered to her. My suggestion was for her to get a days leave in lieu for 4 out of every 5 bank holidays. If she was off on a mid week day, she'd still be off on a bankholiday monday and get paid for it. I just feel the boss is trying to pull a stroke.

A stroke? I think they have acted quite flexibly having granted her request to work 20% less hours.

duchalla

I am pie wrote: »

A stroke? I think they have acted quite flexibly having granted her request to work 20% less hours.

Yes, a stroke. By only offering her monday as her day off and then telling her she wasnt entitled to anything for bank holidays.

From citizensinformation.ie



Quote:
Part-time employees

If you have worked for your employer at least 40 hours in the 5 weeks before the public holiday and the public holiday falls on a day you normally work you are entitled to a day's pay for the public holiday. If you are required to work that day you are entitled to an additional day's pay.
If you do not normally work on that particular day you should receive one-fifth of your weekly pay. Even if you may never be rostered to work on a public holiday you are entitled to one-fifth of your weekly pay as compensation for the public holiday.
In all of the above situations your employer may choose to give you paid time off instead of pay for the public holiday.

Mrs OBumble

duchalla wrote: »

Yes, a stroke. By only offering her monday as her day off and then telling her she wasnt entitled to anything for bank holidays.

In some businesses, Monday is genuinely the quietest day, so makes sense as the day when the four-day-week people don't work.

There are countries where if you don't regularly work on a holiday-day, you won't get any payment for that day. Ireland isn't one of them. It's possible that the boss doesn't know this - or maybe s/he does, and is taking the p*ss.

Either way, you know know that the situation is.

If the boss won't play ball, contact NERA.

LegacyUser

I work five days a week in full time employment could be any five Mon to sun if I am off the bank holiday Mon do I still have to work five days seems unfair when tax man takes it as I then have six days pay

Tenigate

She's not entitled to time off, but she is entitled to be paid 80% of a day's wages.

Blazer

I work weekends and even though I don't work Mondays usually I automatically get hours added to my holiday time for every bank holiday.
For instance a normal working weekend that doesn't go into Monday's gets me back 7.5 hours.
One shift a month goes into Mondays (nights 7pm-7am). If I work this shift on a bank holiday I'm entitled to get 12 hours.

So her employer has a choice...allocate extra hours to her holidays or else pay her her dues for bank holidays.