Annual leave

ray doran

I have worked as a warehouse manager on salary the past 24 yrs, in this time I have built up 6 service days, 21 annual leave days and 10 Bank Holidays, due to illness my hours have reduced from 5 day week to 4and half a week, I am working 26 days less a year, the company are deducting me 4 days a year from my holidays, 

When I searched annual leave i found out there is 3 ways of calculating annual leave. 

The company is deducting my annual leave, service days and Bank Holidays as pro-rata,

Is the company correct using this method ? 

Please advise, 

cuttingtimber22

Might help https://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/public_holidays_in_ireland.html

there is a number to ring. Might help clarify.

Boards.ie: Niamh

Moved to the Work Problems forum.

dennyk

https://www.boards.ie/discussion/2058239722/annual-leave

Are your "service days" included in your annual leave? If so, this would come down to the terms of your contract, as that would be considered leave over and above the statutory annual leave, which is discretionary and governed by your contract terms.

If they are removing four days from your 21 days of annual leave, that would most likely not be correct. See this WRC page for details.

If more than one of the preceding methods at (1), (2) or (3) above is applicable, the employee shall be entitled to whichever method provides the greater entitlement.

As long as you still work at least 1,365 hours in a leave year, you'd be entitled to the full four working weeks of leave. Since your working week is now 4.5 days, that would work out to 18 days of annual leave in total that you are entitled to at a minimum. Giving you only 17 days of annual leave would be one day less than you are entitled to. (Also, if you took a full working week off, they could only deduct 4.5 days of leave from your balance, not 5 days, since your working week is 4.5 days, so you would still be getting four full working weeks of annual leave per year...)

For public holiday entitlements, if that's what you are referring to, they cannot take those away from you; even part-time workers receive holiday pay. Since you are paid a salary, you should be receiving 1/5th of your normal weekly salary as extra pay if you work a holiday, or receive a full paid day off on the holiday or on some other day close to it, or an extra day of annual leave, for each of the ten public holidays. Of course, if your salary was adjusted based on your shorter working week, that would reduce the amount you get paid for working holidays or for those paid days off, but they can't just remove those days from your entitlement entirely; that isn't how it works.