Holiday pay

Taffeta 79

Hi my partner works 50+ Hours per week and has done for the past 2 years with the same company. He is paid an hourly rate. He has taken 14 days holidays this year paid at 9 hours per day. NOW his boss is saying he only has 3 days holiday remaining as the holiday pay is paid at 160 hrs for the year. Is this correct or is my understanding that he should get 20 days holiday paid at his normal 10 hours per day correct.

Guffy

8% of hours worked.

Steve

What is in his employment contract?
Legally, the employer must clearly state holiday entitlements (whether it's legal minimum or above).

Taffeta 79

Steve wrote: »

What is in his employment contract?
Legally, the employer must clearly state holiday entitlements (whether it's legal minimum or above).

Hi. HIS contract states 20 days holidays. THERE is no mention of 160 hours. They are saying his holidays are based on a 40 hour week/8 hours per day. HE has never done a 40 hour week. HE is paid his basic rate for for the 50+hours. No overtime rate.

davo10

An employer only has to give 20 days annual leave no matter how many extra hours you work over and above the necessary time taken to accrue those 20 days.

Op if employer closes between Christmas and new year, your partner may have to use annual leave days during those dates, that would leave 3 days to take between now and Christmas.

ted1

Taffeta 79 wrote: »

Hi my partner works 50+ Hours per week and has done for the past 2 years with the same company. He is paid an hourly rate. He has taken 14 days holidays this year paid at 9 hours per day. NOW his boss is saying he only has 3 days holiday remaining as the holiday pay is paid at 160 hrs for the year. Is this correct or is my understanding that he should get 20 days holiday paid at his normal 10 hours per day correct.

48 is the max number of hours allowed to be worked.

.G.

If you are full time you get 20 days a year which works out at 160 hours based on an 8 hour day which is all the employer is required to pay.

The_Conductor

davo10 wrote: »

An employer only has to give 20 days annual leave no matter how many extra hours you work over and above the necessary time taken to accrue those 20 days.

Op if employer closes between Christmas and new year, your partner may have to use annual leave days during those dates, that would leave 3 days to take between now and Christmas.

Not entirely accurate.
An employer has to give 4 weeks paid annual leave.
If an employee normally only works a 4 day week- regardless of how many hours they work- they are entitled to 4*4 days annual leave- aka 16 days.
There are three different methods for calculating annual leave:

• 4 working weeks where at least 1365 hours have been worked in the leave year OR
• One third of a working week where the employee works at least 117 hours in a calendar month OR
• 8% of the hours worked in a leave year (subject to a maximum of 4 working weeks)

Its not a black and white- every employee is entitiled to 20 days annual leave (although most probably are).

Mrs OBumble

Taffeta 79 wrote: »

HE is paid his basic rate for for the 50+hours. No overtime rate.

They are foolish then, it's illegal for him to average more than 48 hours per week, across all employments.

If he's being regularly paid for a number of hours more than 50 thru the payroll system, they will get caught for it sooner or later.

Stoogie

its 8 % oh hours worked up to a max of 20 normal days
If you are on job share and your normal (average hours worked per day over the last 13 weeks ) day is 3.5 hours you get a max of 70 hours
In his case the conductor's way is easiest to understand
4 weeks at the normal 48 hour week is 192 hours pay .

davo10

Op, is your partner working 4 days per week (12.5 hours per day)?

Taffeta 79

He works 5 days a week. 10+ hours per day. HE is rostered for 10 hours a day and sometimes does an extra few hours per week but it's a minimum of 10hours a day/50 hours a week

davo10

Taffeta 79 wrote: »

He works 5 days a week. 10+ hours per day. HE is rostered for 10 hours a day and sometimes does an extra few hours per week but it's a minimum of 10hours a day/50 hours a week

20 days it is. Does he have to take some days between Xmas and ny, is the company closed?

Taffeta 79

davo10 wrote: »

20 days it is. Does he have to take some days between Xmas and ny, is the company closed?

No his company works over the whole Christmas. So is it 20 days at 8 hours per day or should it be 20 days at his normal rostered day. 10 hours

The_Conductor

Taffeta 79 wrote: »

No his company works over the whole Christmas. So is it 20 days at 8 hours per day or should it be 20 days at his normal rostered day. 10 hours

Normal rostered days. Its done as 'days' rather than hours.
Aka- holidays are paid at the same rate as you would normally get- were you working those days.