Holiday pay

Justine Purcell

I am a part time worker. Could I just claim holiday pay even if I do not take any holidays from work?

davo10

Justine Purcell wrote: »

I am a part time worker. Could I just claim holiday pay even if I do not take any holidays from work?

No, it is illegal for your employer to pay you enlieu of holiday leave unless you are leaving your job and they are paying you for unused annual leave accrued up to the day you leave.

Justine Purcell

davo10 wrote: »

No, it is illegal for your employer to pay you enlieu of holiday leave unless you are leaving your job and they are paying you for unused annual leave accrued up to the day you leave.

So if i dont take holidays i am just not entitled to this money?

davo10

Justine Purcell wrote: »

So if i dont take holidays i am just not entitled to this money?

You accrue holiday leave based on the hours/days you work, but you cannot "sell" your leave days to your employer for more money. You must take them within the timeframe set out in your contract (usually by end of December or April), your employer has a duty to ensure you take holidays but the timing is at their discretion.

OP do you not want to take holidays or do you want to be paid not to take them?

Justine Purcell

davo10 wrote: »

You accrue holiday leave based on the hours/days you work, but you cannot "sell" your leave days to your employer for more money. You must take them within the timeframe set out in your contract (usually by end of December or April), your employer has a duty to ensure you take holidays but the timing is at their discretion.

OP do you not want to take holidays or do you want to be paid not to take them?

I mostly only work weekends and i am in college during the week, because of this i dont really feel the need to take a week off but could i use a week that i am not rostered to work as a week of holidays and get paid for that?

davo10

Justine Purcell wrote: »

I mostly only work weekends and i am in college during the week, because of this i dont really feel the need to take a week off but could i use a week that i am not rostered to work as a week of holidays and get paid for that?

Do you know how much holiday leave you have accrued to date? Generally, the annual leave for part-time workers is calculated as 8% of hours worked.

Justine Purcell

davo10 wrote: »

Do you know how much holiday leave you have accrued to date? Generally, the annual leave for part-time workers is calculated as 8% of hours worked.

No but i have been working there for 2 years and have never taken holidays or claimed holiday pay

davo10

Justine Purcell wrote: »

No but i have been working there for 2 years and have never taken holidays or claimed holiday pay

Take out your calculator, tot up the hours per day you work, multiply it by the number if days you have worked so far this year, divide it by 100, multiply by 8, that is the amount of holiday leave your employer owes you to date. That is the amount of time you can take leave and still get paid.

Justine Purcell

davo10 wrote: »

Take out your calculator, tot up the hours per day you work, multiply it by the number if days you have worked so far this year, divide it by 100, multiply by 8, that is the amount of holiday leave your employer owes you to date. That is the amount of time you can take leave and still get paid.

Ok thanks for your help

jrmb

I'm in a similar situation, working 4 nights per week. At this stage of the year, could I request "holidays" of days when I wouldn't normally work and claim holiday pay for those? If so, is it a nuisance to my boss?

davo10

jrmb wrote: »

I'm in a similar situation, working 4 nights per week. At this stage of the year, could I request "holidays" of days when I wouldn't normally work and claim holiday pay for those? If so, is it a nuisance to my boss?

Holiday days are still classed as days you would normally be at work but you are taking accrued leave. If you work 4 days and "take" the other three days as holidays, you will be being paid for working seven days that week.

JP Liz V1

As a part time worker can you take all your holiday pay together in one lump sum?

therecklessone

JP Liz V1 wrote: »

As a part time worker can you take all your holiday pay together in one lump sum?

The legislation states that holiday pay should be paid in advance of the leave that has been granted:

http://www.irishstatutebook.ie/1997/en/act/pub/0020/print.html#sec20

Times and pay for annual leave.

20.—(2) The pay in respect of an employee's annual leave shall—

(a) be paid to the employee in advance of his or her taking the leave,

(b) be at the normal weekly rate or, as the case may be, at a rate which is proportionate to the normal weekly rate, and

(c) in a case in which board or lodging or, as the case may be, both board and lodging constitute part of the employee's remuneration, include compensation, calculated at the prescribed rate, for any such board or lodging as will not be received by the employee whilst on annual leave.

However, the same section (in subsection 3) states that nothing prevents the employer and employee agreeing an arrangement that is more favourable to the employee:

(3) Nothing in this section shall prevent an employer and employee from entering into arrangements that are more favourable to the employee with regard to the times of, and the pay in respect of, his or her annual leave.

Which leaves the possibility that you may agree with your employer an alternative arrangement. That said, they may not be willing to pay such a lump sum in advance of all of your untaken leave should you choose to leave before you have accrued said leave.

Have a read of this document for further information:

http://www.workplacerelations.ie/en/Publications_Forms/Guide_to_the_OWT_Act_-_Holidays_Public_Holidays.pdf