Another annual leave query

sillysocks

I'm starting a new job shortly and have negotiated a contract of 30 hours per week (normal for the office would be 38), but that 30 hours will still be worked over 5 days Monday-Friday.

The usual holiday entitlement is 22 days per year, but I've just received my contract which states 18 days for me. I think this is incorrect and I think they are reducing it because of my lower hours. However I will still be working a 5 day week and will need 5 days holidays to take a week off. (But technically 5 days off will only give me 30 hours holidays rather than 38 which is fine) I'd understand the lower entitlement if I was working a 4 day week or something but that is not the case.

I think I should still be entitled to 22 days holidays (albeit 22 days at 30 hours).
I'm finding it hard to explain but hopefully that makes sense and would be glad to hear any opinions from anyone 'in the know'. Thanks!

runawaybishop

sillysocks wrote: »

I'm starting a new job shortly and have negotiated a contract of 30 hours per week (normal for the office would be 38), but that 30 hours will still be worked over 5 days Monday-Friday.

The usual holiday entitlement is 22 days per year, but I've just received my contract which states 18 days for me. I think this is incorrect and I think they are reducing it because of my lower hours. However I will still be working a 5 day week and will need 5 days holidays to take a week off. (But technically 5 days off will only give me 30 hours holidays rather than 38 which is fine) I'd understand the lower entitlement if I was working a 4 day week or something but that is not the case.

I think I should still be entitled to 22 days holidays (albeit 22 days at 30 hours).
I'm finding it hard to explain but hopefully that makes sense and would be glad to hear any opinions from anyone 'in the know'. Thanks!

Leave accrues based on time worked. You are working less time, so less leave. Ask them to confirm the hours of leave you are entitled to.

Eoin

You're definitely not entitled to 22 days, as 20 is the maximum you're entitled to by law. Anything over that is at the discretion of the employer.

Did you check this page out?

There are 3 different ways of calculating your annual leave entitlement:

* Based on the employee's working hours during what is called the leave year, which runs from April to March. An employee who has worked at least 1,365 hours in the leave year is entitled to the maximum of 4 working weeks' annual leave unless the employment ceases during the leave year. Many employers use the calendar year (January-December) instead of the official leave year to calculate entitlement
* By allowing 1/3 of a working week for each calendar month in which the employee has worked at least 117 hours
* 8% of the hours worked in the leave year, subject to a maximum of 4 working weeks

An employee may use whichever of these methods gives the greater entitlement. When calculating the entitlement, employers should include all hours worked including time spent on annual leave, maternity leave, parental leave, force majeure leave, adoptive leave or the first 13 weeks of carer’s leave.

An employee who has worked for at least 8 months is entitled to an unbroken period of 2 weeks' annual leave.

Part-time work: Generally, the annual leave for part-time workers is calculated using the 3rd method, that is, 8% of hours worked. If you work full time for some months and the rest of the year you work part time, you should calculate the leave for the full-time and the part-time periods of work separately.

sillysocks

runawaybishop wrote: »

Leave accrues based on time worked. You are working less time, so less leave. Ask them to confirm the hours of leave you are entitled to.

Yes but then I would also need to use less leave hours to take a day off no?

sillysocks

Eoin wrote: »

You're definitely not entitled to 22 days, as 20 is the maximum you're entitled to by law. Anything over that is at the discretion of the employer.

Did you check this page out?

Sorry yes I know I'm not legally entitled to the 22 days, but I mean based on that the normal annual leave in there is 22 days.
I had also read that link and it states it you work over 1,365 you're entitled to 20 days so I imagine worst case I'll be entitled to 20 days as I'll be working 1,440 hours even taking holidays into account.

afatbollix

You would only need to take 30 hours off to take a week off so working that 7.5 hours is a day you would only take 4 days to take a week off.

It's how I do it with my employer as I work 12 hour shifts.

Mrs OBumble

sillysocks wrote: »

However I will still be working a 5 day week and will need 5 days holidays to take a week off.

No you won't.

Your 18 days of leave entitlement is 18 full days, not 18 short days

A normal day is 38/5 = 7.6 hours long.

But because you normally only work 30/5 = 6 hours per day, you only need to use 6 hours of leave to take a day off, not 7.6 like a full time worker.

And in fact:

6/7.6 = 0.789 = the proportion of the normal working day that you do (on average)

18/22 = 0.818 = the proportion of the normal leave allocation that you have been given.

If anything, they have given you a slightly higher amount of leave that everyone else, given the hours you're actually working.

The only thing to watch is to make sure that your entitlement is given as 18 full days, and that you only have 6 hours deducted when you take a day off.

sillysocks

That makes perfect sense Mrs O Bumble and once that's what they mean I'll be happy. I suspect they're deducting the days and not still allowing me 7.6 hours per day of holidays but I'll wait and see. I've sent them a query on it and won't sign the contract until I'm happy with what they come back with.

wmpdd3

I have been working 25 hours a week for the last few years. 5 x 5 hour days.

When I went on hols, I got a week off and was paid for 25 hours.

My hols were measured in hours, ie 100 hrs hols per year.

Interested Observer

wmpdd3 wrote: »

I have been working 25 hours a week for the last few years. 5 x 5 hour days.

When I went on hols, I got a week off and was paid for 25 hours.

My hols were measured in hours, ie 100 hrs hols per year.

Same way my company does it. I get 20*7.5 hours worth of leave per year, and I take that leave by the hour and not by the day. So if I worked only 6 hours a day and I took annual leave I would just put down 6 hours for that day.

sillysocks

Thanks all, I'll wait to hear back from the company on Tuesday but am glad my logic of still being due the same number of days holidays as someone on longer hours isn't wrong. Hopefully they'll understand where I'm coming from!