Holiday Entitlement

kitten_k

My friend was working full time with her company and had a leave entitlement of 26 full days.

When she returned to work from maternity leave she returned part time (working 4 hours per day) which would mean she would now be entitled to 13 full days? These 13 full days would then equate to 26 half days?

Would this be correct?

The girl she works with is currently trying to dispute this and says she is only entitle to 13 half days?

Nody

26 half days.

amen

Nody wrote: »

26 half days.

I'm not sure how you can say that. Calculating leave for a part time worker is normally done using the 8% rule which in the case of the op working 4 hours a day, 5 days a week for 52 weeks of the year would give 83.2 hours for holidays (8% of 1042 hours worked).

Depending on a standard work day of 7 hours that would give 11.88 days a year.

Of course what does your contract say ? How did HR calculate your holidays ?

Either way you if take 4 hours off the only counts as a half holiday so if you take a week off that 2.5 days from your holidays.

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/annual_leave_public_holidays.html

Mrs OBumble

The problem with applying the 8% rule is that the worker was getting more than 8% (roughly = 20 days if you're full time) to start with.

I think that it may also depend on what type of leave arrangement the woman is using to be allowed to work half days.

If she's using 2.5 days of parental leave each week, then I believe she would still be accruing leave during that time, so would be entitled to 26 days of "full time" leave.

But if she's simply dropped back to working part-time (50%) hours on a pro-rata basis without using parental leave, then she would (I'd guess) be entitled to 13 full days of leave per year, instead of 26 full days. (Work half the hours, get half the leave). However because she is not usually in the office for full days, she only has to use a 1/2 day of leave for each day she is not in the office, and she only gets paid for the 1/2 day she would have worked, which makes it 13 half days in salary terms. So they're both right, in one way or another.



All that said - I'm not a lawyer. Consult a real one if she needs legal advice.

Nody

Mrs OBumble wrote: »

The problem with applying the 8% rule is that the worker was getting more than 8% (roughly = 20 days if you're full time) to start with.

I think that it may also depend on what type of leave arrangement the woman is using to be allowed to work half days.

If she's using 2.5 days of parental leave each week, then I believe she would still be accruing leave during that time, so would be entitled to 26 days of "full time" leave.

But if she's simply dropped back to working part-time (50%) hours on a pro-rata basis without using parental leave, then she would (I'd guess) be entitled to 13 full days of leave per year, instead of 26 full days. (Work half the hours, get half the leave). However because she is not usually in the office for full days, she only has to use a 1/2 day of leave for each day she is not in the office, and she only gets paid for the 1/2 day she would have worked, which makes it 13 half days in salary terms. So they're both right, in one way or another.



All that said - I'm not a lawyer. Consult a real one if she needs legal advice.

Actually what would happen would most likely happen is a conversion to hours; I've had similar discussion when we were implementing 10h shifts going from 8h shifts. People's holidays were "reduced" from 20 to 16 days a year but the total number of hours of holidays remained the same. Hence in the above example she previously had 26*8 hours = 208h of holidays; she's now gone down to 50% and hence she has 104 hours a year or assuming she's working 4h a day, 5 days a week puts her on 26 days of holidays paid at 4h a day or simply put 104h of holidays to be taken to match what ever shifts she actually do.