Annual leave entitlements

Amara22

Hi everyone,

Hoping someone can help me figure out my annual leave entitlements. Have been working part time for 9 months and only used 1leave day for a funeral. I'm leaving this job so hoping to use my leave to shorten my notice period.

Is this right so far? 8.5 hours per day * 3 days per week = 25.5 * 36 weeks working = 918 hours. 8% of this is 73 hours. So I'm entitled to 73 hours annual leave or 8 working days, correct?

So how does this work with my normal days off? I only work 3 days per week so does this mean if I take a week off that it only counts as 3 annual leave days taken? If so, can I technically take 2 and a half weeks off and still be paid normal wages?

I'm aware that there is a certain leave year timing but I'm not sure that applies with us as the work is very seasonal and we were forbidden to take holidays from the beginning of Feb until now. Can anyone help me clear this up? Thanks!

The_Conductor

You're just about within the threshold for 4 weeks annual leave- reduced on a pro-rata basis- i.e. 15 days- less 1 already taken- 14.

The legislation- and company contracts- normally allocate leave on an annualised basis- and in the first year there is no obligation to make it apply on a pro-rata basis- so you really need to check your contract and see exactly what it says.

Its done on a total number of hours worked- not on a total number of days worked (for the purpose of calculating annual leave entitlements).

Get a copy of your contract and see what it says- however, your annual leave rights don't kick in under the legislation when you're in your first year of employment- so just go softly softly.

therecklessone

Amara22 wrote: »

Hi everyone,

Hoping someone can help me figure out my annual leave entitlements. Have been working part time for 9 months and only used 1leave day for a funeral. I'm leaving this job so hoping to use my leave to shorten my notice period.

Is this right so far? 8.5 hours per day * 3 days per week = 25.5 * 36 weeks working = 918 hours. 8% of this is 73 hours. So I'm entitled to 73 hours annual leave or 8 working days, correct?

So how does this work with my normal days off? I only work 3 days per week so does this mean if I take a week off that it only counts as 3 annual leave days taken? If so, can I technically take 2 and a half weeks off and still be paid normal wages?

I'm aware that there is a certain leave year timing but I'm not sure that applies with us as the work is very seasonal and we were forbidden to take holidays from the beginning of Feb until now. Can anyone help me clear this up? Thanks!

Hi OP,

Your entitlement to annual leave is detailed in the Organisation of Working Time Act 1997

The relevant section is Section 19, which states inter alia:

(a) 4 working weeks in a leave year in which he or she works at least 1,365 hours (unless it is a leave year in which he or she changes employment),

(b) one-third of a working week for each month in the leave year in which he or she works at least 117 hours, or

(c) 8 per cent. of the hours he or she works in a leave year (but subject to a maximum of 4 working weeks):

Provided that if more than one of the preceding paragraphs is applicable in the case concerned and the period of annual leave of the employee, determined in accordance with each of those paragraphs, is not identical, the annual leave to which the employee shall be entitled shall be equal to whichever of those periods is the greater.

The exact definition of a leave year is left up to the employer, many use Jan-Dec while others (following the more traditional public service method) use Apr-Mar.

Annual leave is supposed to be taken in the leave year within which it is accrued, or with the employee's agreement within the first six months of the next leave year.

Your contract or employee handbook should state the time period that is considered to be your leave year.

Regardless, based on the working week you described you will not accrue leave under sub-sections 1 (a) or 1 (b) above so the method of your calculation is appropriate. What may be disputed (perhaps) is any carry over of leave from one leave period to the next depnding on when your leave year is scheduled to end.

You are correct in assuming that taking three days off from your normal working week would entitle you to the entire week off as sub-section 6 states:

(6) References in this section to a working week shall be construed as references to the number of days that the employee concerned usually works in a week.

Please bear in mind that your employer does not have to agree to grant you remaining leave in lieu of notice and they would be entitled to refuse your leave application as would normally be the case. Should this happen you would be entitled to payment of holiday pay in lieu on cessation of your employment.

therecklessone

The_Conductor wrote: »

You're just about within the threshold for 4 weeks annual leave- reduced on a pro-rata basis- i.e. 15 days- less 1 already taken- 14.

This is incorrect, see my previous post.

The_Conductor wrote: »

however, your annual leave rights don't kick in under the legislation when you're in your first year of employment- so just go softly softly.

Again this is incorrect, annual leave entitlements are provided for under the Organisation of Working Time Act and are not restricted based on length of service.

Amara22

The_Conductor wrote: »

You're just about within the threshold for 4 weeks annual leave- reduced on a pro-rata basis- i.e. 15 days- less 1 already taken- 14.

The legislation- and company contracts- normally allocate leave on an annualised basis- and in the first year there is no obligation to make it apply on a pro-rata basis- so you really need to check your contract and see exactly what it says.

Its done on a total number of hours worked- not on a total number of days worked (for the purpose of calculating annual leave entitlements).

Get a copy of your contract and see what it says- however, your annual leave rights don't kick in under the legislation when you're in your first year of employment- so just go softly softly.

No contract very silly I know.