Annual Leave Query

Georgie Harte

Hi, first time posting and I'm hoping you can help with a annual leave query, here it goes:

My working week is: 35 hours (9am-5pm mon to fri)

My employer recently kinda merged with another company and they have taken over me/employees and I always got 21 days annual leave which is find but my "new" employer still gives me 21 day but they calculate using hours i.e. lets say 147hours = 21 days annual leave which is using my 7 hour day 9am to 5pm mon to fri, so it 21 days of 7 hours.

However, I have recently been given the opportunity to extend my working day by two hours and only work 4 day week instead of 5 which is great. But I am now wondering should my annual leave be increase using the hours method 9 hours x 21=189 hours, I losing around 4 days if calculated using the 7 hours, if that makes since.


Sorry I forgot to say I get an extra days leave every year until I hit 25 days, so also my query is as they calculated by hours and not days like my other employer is it now 9 or 7 hours extra I should be getting.

brightspark

If you work a four day week then you should really get 4/5 of the 21 days (16 or 17 days depending on rounding etc)

Now only getting 16 days off might seem like less but you just need 4 days of per week so you still get four weeks holidays per year.

If you want to check the legal aspects holidays are covered in the Working Time Act.

BabyWillis

What your entitled to is four weeks holidays and it look like they give you an extra day. So actual holidays will depend on how many days a week you work.
If you work 5 days a week you get 5 days by four weeks, so 5x7x4=140hrs plus the extra day which makes it 147hrs.
If you work 4 days a week it will be 4x9x4=144 plus the extra day which makes it 153hrs.
So this will mean you will get 6 extra hrs holidays if your move to 4 days but this is only because you actually work 1hr a week more by doing 4 days. ie 5x7=35 and 4x9=36

bingbong500

brightspark wrote: »

If you work a four day week then you should really get 4/5 of the 21 days (16 or 17 days depending on rounding etc)

Now only getting 16 days off might seem like less but you just need 4 days of per week so you still get four weeks holidays per year.

If you want to check the legal aspects holidays are covered in the Working Time Act.

Not if working 5 days across 4 days as described by the OP. Then they are still entitled to the full 5/5ths of holidays

brightspark

bingbong500 wrote: »

Not if working 5 days across 4 days as described by the OP. Then they are still entitled to the full 5/5ths of holidays

What gives you that impression??


According to the Organisation of Working Time Act, 1997

http://www.irishstatutebook.ie/eli/1997/act/20/section/19/enacted/en/html#sec19

19.—(1) Subject to the First Schedule (which contains transitional provisions in respect of the leave years 1996 to 1998), an employee shall be entitled to paid annual leave (in this Act referred to as “annual leave”) equal to—

(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):

The OP is entitled to four weeks leave per year by law. If that week is normally a four day week as proposed then their holiday entitlement is 4x4days=16 days.

It appears they also get an additional days leave under their employment contract.

They would need to check their contract of employment to determine if that is 7 hours (1/5 of the weekly pay) as currently being worked or if it would then change to 9 hours, or perhaps even 36/5 hours as the working week is going to extend from 35 to 36 hours.

That would be beyond the scope of legislation and subject to negotiation.

bingbong500

You answered the question there by agreeing with me!
8% means that OP's holiday hours should be increased.

brightspark

bingbong500 wrote: »

You answered the question there by agreeing with me!
8% means that OP's holiday hours should be increased.

The 8% refers to part-time workers

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

(my highlighting in bold)

If the OP is now working 36 instead of 35 hours then their holiday pay per week is for 36 (4 x 9 hours) instead of 35 (5 x 7 hours), not as you seem to be suggesting 5x9 or 45 hours!!

As previously stated the extra day is outside of legislation and subject to negotiation.


Ignoring the 21st day

Previous entitilement was 7x5x4 =140 hours
Four day week entitlement = 9x4x4 = 144 hours

TheCostumeShop.ie: Ronan

brightspark wrote: »

Ignoring the 21st day

Previous entitilement was 7x5x4 =140 hours
Four day week entitlement = 9x4x4 = 144 hours

I think you are both agreeing with each other. Op Gets 4 weeks off, just paid for the longer days they usually work.



Holidays Hours Hours Per Day Full Days Off 140 /7 20 144 /9 16
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