Annual leave/holiday pay

SparkySpitfire

Sorry mods if this is the wrong forum, I wasn't sure if it was a problem or just a general job query
I asked a similar question before and got a really helpful answer, sorry if I'm being bothersome!

I have also read citizen's information's website and downloaded their booklet on this, I just need some advice from people who understand this better than I do.

So as far as I understand it, holiday pay for part time workers is calculated as 8% of hours worked subject to a max. of 4 weeks.

Since I work part time and mostly weekends, I'm guessing the 4 weeks of annual leave one can take means 4 weekends, not 4 weeks WORTH of weekends?

So I went away in Jan for a week, I'm almost 90% sure I didn't get holiday pay but I'll check my payslip.

Then in August I took another week, I got 50e for that, I don't know why that exact number, he just gave it to me after I had to prove to him that I was entitled to it...

So what I'm really asking is, if I'm entitled to anything now?

I realise that it's illegal to just give me the remaining sum now (if there's any) but it can be carried over to next year? Also when is the "total hours" that is used in the calculation? Is it supposed to be the working year? i.e. April to March? My employer hasn't got a clue nor doesn't want to know so if I'm asking for something like this I need to have all my information straight.

Sorry that this is all over the place I'm totally in a muddle!

Stheno

Total hours is the total hours you work in a year.

So if e.g you work ten hours a week for 52 weeks, that's 520 hours and you would be entitled to paid holidays of 8% of that which is 41.6 hours

SparkySpitfire

Stheno wrote: »

Total hours is the total hours you work in a year.

So if e.g you work ten hours a week for 52 weeks, that's 520 hours and you would be entitled to paid holidays of 4% of that which is 20.8 hours

Why 4%?

I wish it was that simple, my hours could be 6, 12, 8, 10, depending on the week. I'm sure I could figure it out though, I'm pretty sure we have the rosters archived.

Stheno

SparkySpitfire wrote: »

Why 4%?

I wish it was that simple, my hours could be 6, 12, 8, 10, depending on the week. I'm sure I could figure it out though, I'm pretty sure we have the rosters archived.

Sorry should have said 8% I've edited my post.

What you need to do is get details of all the hours you have worked in the year, then total that up and get 8% to figure out how much paid holiday you are entitled to.

tatli_lokma

SparkySpitfire wrote: »

Why 4%?

I wish it was that simple, my hours could be 6, 12, 8, 10, depending on the week. I'm sure I could figure it out though, I'm pretty sure we have the rosters archived.

You do have to figure it out. That is why the 8% calculation is in place as it gives you an entitlement directly linked to how many hours you have worked.

I think you are misunderstanding the '4 weeks' part. Basically a full time employee is entitled to 20 days leave in other words 4 standard working weeks. Usually these are taken as a week in the first quarter of the year, a fortnight in the second or third quarter and a week in the last quarter although when you take it is at the discretion of your employer.

To calculate the leave you are due you need to total the hours you have worked and then calculate 8% of that. So for example if you work 1000 hours you are due 80 hours in leave. This can be taken as 10 blocks of 8 hours or whatever but it must be with your employers approval when you take it.

If you are unable or prevented from taking your leave then your employer must make provisions to either ensure you get the time off before year end, or allow you to carry the unused leave into the next year. They cannot insist that you forfeit it and they cannot pay you out for it unless you are leaving employment.

SparkySpitfire

tatli_lokma wrote: »

You do have to figure it out. That is why the 8% calculation is in place as it gives you an entitlement directly linked to how many hours you have worked.

I think you are misunderstanding the '4 weeks' part. Basically a full time employee is entitled to 20 days leave in other words 4 standard working weeks. Usually these are taken as a week in the first quarter of the year, a fortnight in the second or third quarter and a week in the last quarter although when you take it is at the discretion of your employer.

To calculate the leave you are due you need to total the hours you have worked and then calculate 8% of that. So for example if you work 1000 hours you are due 80 hours in leave. This can be taken as 10 blocks of 8 hours or whatever but it must be with your employers approval when you take it.

If you are unable or prevented from taking your leave then your employer must make provisions to either ensure you get the time off before year end, or allow you to carry the unused leave into the next year. They cannot insist that you forfeit it and they cannot pay you out for it unless you are leaving employment.

I'm 90% sure you're also the poster that helped me with this last year, thanks for the detailed reply.

Yeah I was misunderstanding it, thanks! One more question though, when it says "8% of hours worked subject to 4 weeks", that just means 8% of hours worked as long as that doesn't extend over 20 days/4 weeks, yeah? Or am I being dopey again?

So now I know how to calculate it and it's up to me to do all this before I approach him or I'm never going to get this money...

This is another thing to worry about coming up to Christmas, great! Thanks Mr. Boss man :rolleyes:

tatli_lokma

SparkySpitfire wrote: »

Yeah I was misunderstanding it, thanks! One more question though, when it says "8% of hours worked subject to 4 weeks", that just means 8% of hours worked as long as that doesn't extend over 20 days/4 weeks, yeah? Or am I being dopey again?

No you're not being dopey at all, that's exactly it 8% of hours worked up to a maximum of 4 weeks/20 days (unless of course you have a contract that gives extra days on top of the statutory minimum).

Decorus

Hi there,

I would appreciate if somebody clarify me with the following:

1.Are the 9 public holidays included while calculating annual leave using 8 % method or not (e.g. I worked 1000 hours and got paid 36 hours of public holidays, should it be 1036 or 1000?)

2. Annual leave already taken, e.g. I took 3 weeks during the year and was paid for it in average 20 hours, should they be included in total hours or not?

Thank you!