information needed.

99problems · 21-10-2015 04:49PM #1

Hi, I need some information on holiday pay entitlements and bank holiday pay. I cannot seem to get a straight answer anywhere.
My partner works in a pre-school three day's a week and she is being told that she is only entitled to one week paid holidays for the 38 weeks she will be working throughout the year and also that she is not entitled to bank holiday pay at all. I work in retail and from the first day I walked into work I was entitled to four weeks paid holidays and bank holiday pay if I worked enough hours. I do not know if it works differently for my partner and myself so I would appreciate if someone could maybe explain to me what the difference is between my job and hers that she is entitled to less holidays with pay than I am. She works 15 hours a week and I average twenty but as I said she is in childcare and I am in retail. I know this might be hard to understand so I apologise in advance thank you.

GalwayGrrrrrl · 23-10-2015 12:58PM

From citizens information dot ie website
"The Organisation of Working Time Act 1997 provides for a basic annual paid leave entitlement of 4 weeks, although an employee's contract could give greater rights"
Have a look on that website for more detail. Have a look at your own contracts too.

Mrs OBumble · 23-10-2015 05:22PM

xfactorfan23 wrote: »

From citizens information dot ie website
"The Organisation of Working Time Act 1997 provides for a basic annual paid leave entitlement of 4 weeks, although an employee's contract could give greater rights"
Have a look on that website for more detail. Have a look at your own contracts too.

It's a lot more complicated than that for part time workers.

As a rough guide, the partner's paid leave hours should equal 8% of her working hours.

So if she's working 15 hours/week for 38 weeks, that's 570 hours in total.

8% of that is 45.6 hours - which is perhaps one paid "full time" week, which may be how they're calculating it.

For many people who do shift work and short years, this is how it's done: it just doesn't make sense to have someone off for small portions of 4 weeks when they're actually going to be off for a good bit of the year anyway.

Bank holidays is another story, and if she's worked enough hours in the preceding N weeks, she should be getting a 3/5 th proportion of her working day extra for them.

BC Irl · 27-10-2015 05:40PM

The actual ruling is 4 working weeks so if that employee works a normal 5 day week, for a 52 week period they get 4 working weeks, i.e. 20 days annual paid leave in a year. If someone only works 3 days per week their working week is 3 so their annual leave entitlement for 52 weeks would be 12 days annual paid leave. Or the general rule of thumb, for a 5 day week you get 1.66 days annual leave per month, for a 4 day week it would be 1.33 days annual leave per month and for 3 working days in a week it would be 1 days annual leave per month. For 38 weeks work you are looking at an entitlement of aprox. 8.7 days annual paid leave.
Everybody, regardless of their type or length of employment is due some form of entitlement for a Bank Holiday. If the employee does not normally work on the day the Bank Holiday falls they should receive 1/5th of their normal weekly rate of pay.

I hope this helps.

99problems · 29-10-2015 12:50PM

sorry for the late reply everyone. I just realised I made a mistake she actually works five days a week three hours a day. I take it that I can just make a calculation based on what people have told me here. Her boss actually said she only has to pay her for the bank holiday if she will be working the rest of the week, which she will not so in her words '' The social welfare have to pay you for that too''. We decided against her claiming for this week as we suddenly got paid from fis which really helped. I have a feeling her boss is shafting her somehow though. She has emailed nera or whoever nera is now and has yet to receive a reply two weeks later. Thanks to everyone for the advice though.

information needed.

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