Annual Leave - Roster

WildRosie

I work part time at the weekends. There is a roster so my hours of work and the days I work change each month. For example, this month I'm rostered for 3 days, last month was 5. My annual leave entitlement is 8% of hours worked so I have about 2 days (24 hours) of leave built up which needs to be taken by the end of the year. I have my roster for next month and am working 6 days. How does it work when taking annual leave in a situation like this? I won't be able to take any of my rostered days off, and I don't want to cos I'm only working 6 days. Can the company just pay me the annual leave I'm owed as if I were rostered for two extra days, or how does it work?

ElleEm

WildRosie wrote: »

I work part time at the weekends. There is a roster so my hours of work and the days I work change each month. For example, this month I'm rostered for 3 days, last month was 5. My annual leave entitlement is 8% of hours worked so I have about 2 days (24 hours) of leave built up which needs to be taken by the end of the year. I have my roster for next month and am working 6 days. How does it work when taking annual leave in a situation like this? I won't be able to take any of my rostered days off, and I don't want to cos I'm only working 6 days. Can the company just pay me the annual leave I'm owed as if I were rostered for two extra days, or how does it work?

Every company is different, so you would be best off checking with them.

Wishbone Ash

The onus is on the employer to ensure you take your annual leave.

As far as I know, one can only be paid in lieu of annual leave in very exceptional circumstances (such as dying in service) but perhaps that only applies to full time employees.

Does you employer permit leave to be carried into the following year?

sdanseo

Annual leave is all pro rata - you should be entitled to four weeks off, basically. If you skip your one day a week, then that's 8 hours of your annual leave used and 16 remaining, etc.

Gone West

sdeire wrote: »

Annual leave is all pro rata - you should be entitled to four weeks off, basically. If you skip your one day a week, then that's 8 hours of your annual leave used and 16 remaining, etc.

So you didn't read the original post, or what?

WildRosie

They don't permit carrying forward of AL. My question basically is: Can my employer pay me for the two days annual leave as if I had been rostered? I would be available to work two extra days as I will be on break from college. So instead of them rostering me for two additional days, me applying for annual leave for those days and being taken off the roster, can they just pay me for two extra days? Is there anything, legally, preventing that? I understand how AL works when you work 9-5 Monday through Friday but this is my first job involving a roster and varying hours of work and I'm a bit confused as to how it works and I'd like to know a bit more info before I ask about it. Thanks.

nibtrix

Yes, they can just pay you your annual leave.

davo10

No they can not. It is illegal for an employer to pay for unused holiday leave except in the situation where the employee is leaving their job. This is covered under the Organisation of Working Time Act 1997.

OP annual leave is a right based on your working hours, the exact dates the days are taken is not. You must agree this with your employer.

However the employer has a responsibility to ensure each employee has taken their holiday entitlement by year end. If you cannot take days in December for some contractual reason, take them this month. Use them or lose them.

WildRosie

Thanks everyone. I think the only way I'll know for sure is if I ask my employer. They're good to the staff so I know they won't try and screw me out of my AL.

Can I ask another question? I will be working on Christmas day and was wondering about pay? I've heard that it's double time (doesn't say in my contract). I get double time for working Sundays. Is Christmas day treated the same? Or am I just being being greedy cos I'm a bit spoilt for getting double time on Sundays? Thanks.

Kristopherus

WildRosie wrote: »

Thanks everyone. I think the only way I'll know for sure is if I ask my employer. They're good to the staff so I know they won't try and screw me out of my AL.

Can I ask another question? I will be working on Christmas day and was wondering about pay? I've heard that it's double time (doesn't say in my contract). I get double time for working Sundays. Is Christmas day treated the same? Or am I just being being greedy cos I'm a bit spoilt for getting double time on Sundays? Thanks.

Sundays & Public Holidays carry the same payment, so you will get double for Xmas Day.

nibtrix

davo10 wrote: »

No they can not. It is illegal for an employer to pay for unused holiday leave except in the situation where the employee is leaving their job. This is covered under the Organisation of Working Time Act 1997.

Sorry, I should have qualified my answer. In this kind of situation where the op is working a different amount of days per month, they should request to be "rostered in" for extra days, which will be taken as annual leave. So essentially they will be getting paid their annual leave.

Don't forget that time spent on annual leave is counted as working time when calculating holiday entitlements.

tatli_lokma

davo10 wrote: »

No they can not. It is illegal for an employer to pay for unused holiday leave except in the situation where the employee is leaving their job. This is covered under the Organisation of Working Time Act 1997.

OP annual leave is a right based on your working hours, the exact dates the days are taken is not. You must agree this with your employer.

However the employer has a responsibility to ensure each employee has taken their holiday entitlement by year end. If you cannot take days in December for some contractual reason, take them this month. Use them or lose them.

+1 except the part in bold. Your leave is a statutory entitlement. Therefore you cannot 'lose' untaken leave. But as you cannot be paid out in lieu of leave unless you leave employment, your employer must come to some arrangement with you. This could be to carry over leave to next year, but for a part time worker the easiest thing is as already suggested, ask to be rostered on for two extra days as annual leave. That way you will get your 6 days work plus 2 days paid leave so will be paid for 8 days in December.

Christmas day and Stephens day are treated as public holidays so you will either get double pay, or normal pay with an extra paid day off within a few weeks of the public holiday.

davo10

tatli_lokma wrote: »

+1 except the part in bold. Your leave is a statutory entitlement. Therefore you cannot 'lose' untaken leave. But as you cannot be paid out in lieu of leave unless you leave employment, your employer must come to some arrangement with you. This could be to carry over leave to next year.

No. Many working in retail/entertainment have a clause in their contract saying that holiday leave cannot be taken in the period up to Christmas as this is their busiest time. If the employee does not take their leave entitlement before this period even though they were informed they must do so (contract) there is no onus on the employer to pay, the employer is not required to carry them over except in exceptional circumstances nor as stated, to pay for unused leave. Your employer should however inform you that you need to take them this month or as suggested, roster you for extra days and pay you for leave. This however is a little complicated as the extra days also will add to your annual leave allowance as leave accrues for all days rostered.

Not only that, most employers require notice of when holidays are to be taken so that cover can be organised. OP if you cannot take days next month, can you take days in the remainder of this month?

Wishbone Ash

tatli_lokma wrote: »

Christmas day and Stephens day are treated as public holidays so you will either get double pay, or normal pay with an extra paid day off within a few weeks of the public holiday.

If an employee gets double pay for working a public holiday, they are also entitled to a paid day off in lieu.

john.han

davo10 wrote: »

No. Many working in retail/entertainment have a clause in their contract saying that holiday leave cannot be taken in the period up to Christmas as this is their busiest time. If the employee does not take their leave entitlement before this period even though they were informed they must do so (contract) there is no onus on the employer to pay, the employer is not required to carry them over except in exceptional circumstances nor as stated, to pay for unused leave. Your employer should however inform you that you need to take them this month or as suggested, roster you for extra days and pay you for leave. This however is a little complicated as the extra days also will add to your annual leave allowance as leave accrues for all days rostered.

Not only that, most employers require notice of when holidays are to be taken so that cover can be organised. OP if you cannot take days next month, can you take days in the remainder of this month?

The onus is on the employer to ensure employees take their leave. If they don't arrange that you can carry over and take the annual leave within 6 months of the relevant annual leave year.

In your example the onus would be on the employer to make sure leave is taken before the specified Christmas period, if that doesn't happen then it should carry to the next leave year.

john.han

Wishbone Ash wrote: »

If an employee gets double pay for working a public holiday, they are also entitled to a paid day off in lieu.

No they just get double pay, unless the employer is very generous.

Jocelynel

OP is you annual leave year January - December? not all companies use the calendar year for holidays

From my knowledge of HR annual leave policies, your employer must try and agree annual leave with you, rather than just say you will loose your entitlement if not taken by Dec 31st. In my experience, if I couldn't agree annual leave, I would allow employee to carry over until 31st January, so holidays had to be taken by then. Some companies have their own internal 'verbal' agreements with their staff.

tatli_lokma

davo10 wrote: »

No. Many working in retail/entertainment have a clause in their contract saying that holiday leave cannot be taken in the period up to Christmas as this is their busiest time. If the employee does not take their leave entitlement before this period even though they were informed they must do so (contract) there is no onus on the employer to pay, the employer is not required to carry them over except in exceptional circumstances nor as stated, to pay for unused leave. Your employer should however inform you that you need to take them this month or as suggested, roster you for extra days and pay you for leave. This however is a little complicated as the extra days also will add to your annual leave allowance as leave accrues for all days rostered.

Not only that, most employers require notice of when holidays are to be taken so that cover can be organised. OP if you cannot take days next month, can you take days in the remainder of this month?

There is no allowance in law for leave to be 'lost'. If an employer did not ensure that leave was taken them they must, by law accommodate the taking of the leave in some manner, be it by carrying it over, allowing it to be taken in the last month of the holiday year or whatever but they can't say 'you didn't take the days they are gone now' nor can they pay you out for them unless you leave employment. This is regardless of anything in the contract as local labour law always takes precedent and local labour law says statutory leave cannot be ignored.

Wishbone Ash

Wishbone Ash wrote: »

If an employee gets double pay for working a public holiday, they are also entitled to a paid day off in lieu.

john.han wrote: »

No they just get double pay, unless the employer is very generous.

Apologies - I've just re-read the act. (Obviously my employers have been the generous ones!).

davo10

The leave is not "lost" as such, I was just using that phrase to urge the OP to avail of his/her entitlement asap. It is unused during the period in which it could be taken and as stated, unused leave cannot be paid for by the employer. An employee not availing of leave during the other eleven months of the year when they know they have the option too, is not an exceptional circumstance, on the other hand inability to take holiday leave due to illness is. But saying all this, I am assuming that OPs contract doesn't specifically say that holidays can be carried over, if it does say they can, no worries, if it doesn't then there is no entitlement to carry them over.

The legislation is there for a reason, it is to stop employers buying their employees leave days and to stop employees saving up their leave days until the year end and forcing employers to give holidays at busy times. If that were allowed, no shop, restaurant, hotel, service provider would be open the last two weeks of December. Your employer can ask you to carry over holidays but can only do so with your consent, you can ask for them to be carried over but the employer is entitled to say no.

Below is relevant text relating to annual leave from the citizens advice website:

Taking annual leave

It is for your employer to decide when annual leave may be taken, but this is subject to a number of conditions. Your employer must take into account your family responsibilities, opportunities for rest and recreation that are available to you and to consult with you (or your union) at least one month before the leave is to be taken. In addition, annual leave should be taken within the appropriate leave year or with your consent, within 6 months of the relevant leave year. Further holding over (also known as carrying-over) of annual leave at your wish is a matter for agreement between you and your employer.


Annual leave and leaving employment

It is illegal under the Organisation of Working Time Act, 1997 for an employer to pay an allowance in lieu of the minimum statutory holiday entitlement of an employee unless the employment relationship is terminated. In general, your annual leave is calculated on the basis of hours worked.

If you are leaving a job you are entitled to receive payment for any outstanding annual leave and public holidays due to you.

tatli_lokma

Yes as myself and others have said, when you take leave is a matter for your employer to dictate but that does not mean they can prevent you from taking leave or make you forfeit any leave you have accrued. Any contract that says otherwise is not complying with the law. Most businesses, not just retail and hospitality require leave to be taken prior to December because most businesses cannot cope with all their staff taking the same week off work. That said, all employers know the law and if they have been remiss in ensuring that statutory leave be taken at a time convenient to the business then that is their own mistake and as such they must be prepared to make alternative arrangements whether they like it or not.

WildRosie

Thanks all for the replies. I don't work in retail or a sector that experiences changes in workload at Christmas, but we are staffed 24/7, 365 days a year and people obviously want to plan their hours around this time of the year and extra consideration is given to staff with young families (rightly so), so chopping and changing is a bit more difficult. I asked an experienced colleague today and he said that leave can't be carried over as a rule, but exceptions can be made, mainly when it's only a small amount of leave, as in my case.

I just find it a bit confusing, as I said I've never worked on a roster system before. It's also not like I work 8-2 every Saturday, the hours and days I work varies, I could work nothing one weekend and then work 24 hours the next.

I hope they can just roster me in and then off again. It seems to be the most straightforward option to me as they need me to work and I don't need to take annual leave before the end of the year. But as I said, my employers are decent and I know they won't try and pull a fast one on me.