Holiday leave

Shadylou

I work 3 days per week and my annual leave is calculated as 21 days per year as we are expected to work on bank holidays so our leave for those days is added to our allowance.
In the past if I wanted to take a week off I would take 3 days from my allowance but we have a new restaurant manager who has told me that she is taking 5 days from my allowance for my week off this week or else I can come into work on Friday and Saturday because as far as she is concerned I am only on holidays Sunday, Monday and Tuesday with Wednesday and Thursday as my day off.
I know I will get the extra holiday pay for these 2 days but I'd rather have the time off, it just seems a bit mad to have to use up my annual leave like this.

Flatzie_poo

How many hours per week does your contract state you work?

Shadylou

Flatzie_poo wrote: »

How many hours per week does your contract state you work?

24 hrs, each day is classed as 8 hrs, my manager wants me to take 40 hrs holidays this week

Black_Knight

21 days holidays for a 3 day week seems really high. A full time employee (5 day working week) is entitled to 21 vacation days.


Assuming your contract says you work a 3 day week, explain to her that whatever 3 days she's planning on having you work that week, you'll be taking as holidays. The other 4 days are not work days, as per your contract.

Shadylou

Black_Knight wrote: »

21 days holidays for a 3 day week seems really high. A full time employee (5 day working week) is entitled to 21 vacation days.


Assuming your contract says you work a 3 day week, explain to her that whatever 3 days she's planning on having you work that week, you'll be taking as holidays. The other 4 days are not work days, as per your contract.

I have 12 days which would be my 4 weeks, I have 6 days which is the 2/3 of the hours for the 9 bank holidays and 3 days for long service.

My manager says that as my contract says I may have to work overtime during busy spells that I will be called into work as overtime for those 2 days and that I am only entitled to 2 days off a week

Flatzie_poo

Shadylou wrote: »

24 hrs, each day is classed as 8 hrs, my manager wants me to take 40 hrs holidays this week

You use holidays up to your contracted hours. 3 Days is fine. Plus you can argue you have a precedent.

Who you go to you'll know best. but your holidays come out of your contracted hours.

I look at this from my scenario, my employer asks me to take 56 hours holidays for my 40 hour week. Cause I can work Saturday and Sunday instead. Not happening.

ForestFire

Shadylou wrote: »

I have 12 days which would be my 4 weeks, I have 6 days which is the 2/3 of the hours for the 9 bank holidays and 3 days for long service.

My manager says that as my contract says I may have to work overtime during busy spells that I will be called into work as overtime for those 2 days and that I am only entitled to 2 days off a week

If you are really only entitled to 2 days off per week then you should be entitled to full holiday allowance also

i.e. 21 days holidays, 9 bank holidays and you 3 days for service??

While you can be asked to work overtime as per contract, this should only be when there is a real need and also I don't think they could do this during your holiday period??

Sounds to me like they are taking the £!$$ but you can I would check with Citizens information regarding this

runawaybishop

Shadylou wrote: »

24 hrs, each day is classed as 8 hrs, my manager wants me to take 40 hrs holidays this week

Your manager is incorrect. You do not need to take leave for days outside of your contracted working hours.

Kristopherus

runawaybishop wrote: »

Your manager is incorrect. You do not need to take leave for days outside of your contracted working hours.

+1. Holiday entitlements are dealt with in the Organisation of Working Time Act 1997. OP Google it. All the info is there.

Black_Knight

Shadylou wrote: »

I have 12 days which would be my 4 weeks, I have 6 days which is the 2/3 of the hours for the 9 bank holidays and 3 days for long service.

My manager says that as my contract says I may have to work overtime during busy spells that I will be called into work as overtime for those 2 days and that I am only entitled to 2 days off a week

Ah ok. You work bank holidays etc, so you get those as time in lieu?

Your contract doesn't make sense. You work 3 days a week, giving you 2 days + 2 weekend days off a week. But your manager says you're only entitled to 2 days vacation per week which includes the 2 days you have off already.... ie. You can never take a day off.

Something isnt adding up here. Can you clarify your working week and workable days?
I assume you have 7 workable days per week, and you are contracted to work 3 of those days per week (though during busy periods this may increase). Are you giving sufficient notice to your manager? Is this likely to be a busy period (ie. Christmas)? If not, it sounds like she might just use that "loophole" as an excuse to get you to work that week.

What does your contract say regarding vacation entitlements (specifically around your manager saying you're only entitled to 2 days vacation a week)


Regarding her taking 5 days for a 3 day vacation, I wonder is she jumping the gun saying you take 3 days off, and she'll request you work the 2 days you had off anyways, which you will then have to request off.

Shadylou

Our working week goes Monday- Sunday, I usually work Friday, Saturday and Sunday but I never turn down any overtime as I need the money. I have this week booked off since the start of the year as it's mid term and I wanted to spend some time with the kids and there's never any problem with that.
They don't need me to cover at the weekend, it seems to me like she is trying to get me to use up my annual leave but as I only have 6 days left ( I have a week requested In February but if I have to use up the 5 days I will only have 1 days holidays to take then)
I work crazy hours over Christmas and will come into work to cover illness if I am called so it's not as if I'm not flexible but this weekend I have things planned with the kids for Halloween and I feel that she will call me in if I don't take the days as holidays. I was just speaking to her on the phone and when I told her I was just checking if this was the correct way for me to take annual leave she got really narky with me, I really don't want to get off on the wrong foot with her but I need to get this sorted before payroll goes through
Even the way she was telling me about my holidays running Sunday- Saturday was different to the way we always do it but she is very forceful and won't listen

_Brian

Either the manager has mid understood the implementation of the Annual Leave. Or, they feel it is too generous seeing a part time employee with 21 days and are trying to consume the days quicker.

It could be hard if you don't have anyone above them to go to about this. Small operations are notorious for having poor HR practice and knowledge and when things go wrong it can often end in employees loosing out it leaving.

ForestFire

_Brian wrote: »

Either the manager has mid understood the implementation of the Annual Leave. Or, they feel it is too generous seeing a part time employee with 21 days and are trying to consume the days quicker.

It could be hard if you don't have anyone above them to go to about this. Small operations are notorious for having poor HR practice and knowledge and when things go wrong it can often end in employees loosing out it leaving.

I don't think the OP is getting 21 days leave as this total includes bank holidays and extra leave for service

_Brian

ForestFire wrote: »

I don't think the OP is getting 21 days leave as this total includes bank holidays and extra leave for service

I didn't say 21 days Annual Leave, but they may think 21 days discretionary days off is too much without fully understanding how it has come about.

Shadylou

_Brian wrote: »

Either the manager has mid understood the implementation of the Annual Leave. Or, they feel it is too generous seeing a part time employee with 21 days and are trying to consume the days quicker..

I have already used 15 of these days so I only have 6 days left, which means I will only have 1 day annual leave between January-March while my contract says I should take a week in this quiet time.
I have a week off booked for then and have plans made for that week but if I have to take the 5 days holidays this week I won't be able to afford to take the time off unpaid which is what she is suggesting. I do

runawaybishop

Shadylou wrote: »

I have already used 15 of these days so I only have 6 days left, which means I will only have 1 day annual leave between January-March while my contract says I should take a week in this quiet time.
I have a week off booked for then and have plans made for that week but if I have to take the 5 days holidays this week I won't be able to afford to take the time off unpaid which is what she is suggesting. I do

Shes wrong, based on the details you have supplied. Request a meeting to clear things up, if things are not cleared up contact citizens information.

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