Holiday entitlement

jkins

Hi. Can some answere this for me: how long do I need to work with an employer before I'm entitled to bank holiday pay??

davo10

entitlement to public holidays is set out in the Organisation of Working Time Act 1997.

Most employees are entitled to paid leave on public holidays. One exception is part-time employees who have not worked for their employer at least 40 hours in total in the 5 weeks before the public holiday.

Employees who qualify for public holiday benefit will be entitled to one of the following:

A paid day off on the public holiday
An additional day of annual leave
An additional day's pay
A paid day off within a month of the public holiday
The Organisation of Working Time Act provides that you may ask your employer at least 21 days before a public holiday, which of the alternatives will apply. If your employer fails to respond at least 14 days before the public holiday, you are entitled to take the actual public holiday as a paid day off.

The Organisation of Working Time (Determination of Pay For Holidays) Regulations (SI 475/1997) set out the appropriate rate of daily pay.

Part-time employees
If you have worked for your employer at least 40 hours in the 5 weeks before the public holiday and the public holiday falls on a day you normally work you are entitled to a day's pay for the public holiday. If you are required to work that day you are entitled to an additional day's pay.

If you do not normally work on that particular day you should receive one-fifth of your weekly pay. Even if you may never be rostered to work on a public holiday you are entitled to one-fifth of your weekly pay as compensation for the public holiday.

If you do not have normal daily or weekly working hours, under SI 475/1997, an average of your day’s pay or the fifth of your weekly pay is calculated over the 13 weeks you worked before the public holiday.

In all of the above situations your employer may choose to give you paid time off instead of pay for the public holiday.

jkins

davo10 wrote: »

entitlement to public holidays is set out in the Organisation of Working Time Act 1997.

Most employees are entitled to paid leave on public holidays. One exception is part-time employees who have not worked for their employer at least 40 hours in total in the 5 weeks before the public holiday.

Employees who qualify for public holiday benefit will be entitled to one of the following:

A paid day off on the public holiday
An additional day of annual leave
An additional day's pay
A paid day off within a month of the public holiday
The Organisation of Working Time Act provides that you may ask your employer at least 21 days before a public holiday, which of the alternatives will apply. If your employer fails to respond at least 14 days before the public holiday, you are entitled to take the actual public holiday as a paid day off.

The Organisation of Working Time (Determination of Pay For Holidays) Regulations (SI 475/1997) set out the appropriate rate of daily pay.

Part-time employees
If you have worked for your employer at least 40 hours in the 5 weeks before the public holiday and the public holiday falls on a day you normally work you are entitled to a day's pay for the public holiday. If you are required to work that day you are entitled to an additional day's pay.

If you do not normally work on that particular day you should receive one-fifth of your weekly pay. Even if you may never be rostered to work on a public holiday you are entitled to one-fifth of your weekly pay as compensation for the public holiday.

If you do not have normal daily or weekly working hours, under SI 475/1997, an average of your day’s pay or the fifth of your weekly pay is calculated over the 13 weeks you worked before the public holiday.

In all of the above situations your employer may choose to give you paid time off instead of pay for the public holiday.

That's doesn't really help. I'm full time but only been with them a week.

davo10

jkins wrote: »

That's doesn't really help. I'm full time but only been with them a week.

Read it again.

denis160

Conditions for qualifying for Public Holiday benefit
3.2 Employees, other than part-time, have an immediate entitlement to
public holiday benefits. Part-time employees must have worked at
least 40 hours in the 5 weeks ending on the day before the public
holiday to qualify for public holiday benefit.
Entitlements of employees in respect of a public holiday

Mrs OBumble

jkins wrote: »

That's doesn't really help. I'm full time but only been with them a week.

It's all there. Have you done 40 hours within the last 5 weeks, or haven't you?

denis160

The 40 hours only applies to part time employees
Full time employees have an immediate entitlement to public holidays.

davo10

denis160 wrote: »

The 40 hours only applies to part time employees
Full time employees have an immediate entitlement to public holidays.

I think Mrs O'Bumble was covering all bases as op didn't seem to understand my post.

jkins

denis160 wrote: »

The 40 hours only applies to part time employees
Full time employees have an immediate entitlement to public holidays.

Re read it there, thanks