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bank holidays - part time workers HELP

hi

i have an employee who works 3 days a  week and according to the hmrc calculator is entitled to 16.80 days holiday + 5 days for long service, so 22 days rounded up 

only three bank holidays fall on a day she works + 3 off our xmas shut down fall on her working days leaving 16 days ,

this seems high compared to a 5 day worker who is entitled to 28 days (hmrc) + 5 long service needs to have 8 days deducted + 5 days for xmas shut down , leaves 20 days 

is she legally entitled to the 16 booking days ?

802 views
  • If I follow your reasoning correctly, she's entitled to 22 days in total compared to a full time worker who is entitled to 33. That doesn't seem to work on a pro rata basis which should be about 20 days at 0.6 FTE. It seems curious to me that your 'long service' days are not pro rated? When the actual bank holidays fall is a bit of a non-issue, as the full time worker has those days off on a prescribed day, and she would get them on a non-prescribed day.
  • In reply to Nina Waters:

    hi, so in 16.80 stat holiday for 3 day work, with pro rated 5 days minus 6 for xmas and bank holidays she works on should leave 14 to book?
  • In reply to sharon:

    That seems right to me. It's the total holiday she is entitled to that's key - the bank holidays will fall where they may each year!
  • In reply to sharon:

    To do a double check, I always take it back to the full time equivalent to ensure that your part-time employee is no worse off.

    So your full time employees are entitled to 33 days (20 + 8 bank hols + 5 long service) which equates to 6.6 weeks holidays for that full time member of staff working 5 days per week (33/5).

    So for your part time employee, they should be entitled to 19.8 days (pro-rata'd (33/5)*3), which also equates to 6.6 weeks holiday (19.8/3).

    So you know that both the part time and full time staff are all getting 6.6 weeks holiday, and as Nina says, the bank holidays may be taken on non-prescribed days for part-time staff, but they are not having any more than they are entitled to!

  • In reply to Nina Waters:

    I think whilst many people used to apply the logic of bank holidays fall when they fall this is generally not the approach now. Generally people roll a pro rata bank holiday entitlement into part time workers allowances and they have to book them off if they fall on a working day.
  • In reply to Keith:

    Sorry Keith I was being unclear - what I meant was that if her total entitlement is correct (including the pro rated bank holidays) then whether she's using that entitlement for the days when she is working that happen to be bank holidays, or for additional leave at another time because she doesn't happen to work Mondays, it doesn't really matter.