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Annual leave and bank holidays for part time employees

Working out annual leave can be a complicated process for employers when they have a lot of part time staff. Annual leave will of course be calculated on a pro-rata basis, which sounds simple enough. But for staff that work on a Monday, Bank Holidays always seem to cause some confusion. We are frequently asked questions by part-time employees who wonder if their annual leave entitlement has been worked out fairly.

For those employees that are part time and their normal working hours include a Monday, as long as you receive at least the same amount of holiday pro-rata as full-time equivalent employees, then your employer can expect you to take the Bank Holidays that fall on a Monday as part of your annual leave entitlement.

Paul Burton, Head of our Employment Team, makes the situation clearer using an example:

For example, your full-time colleagues receive 28 days per year annual leave including 8 days Bank Holidays, which is the statutory entitlement of 5.6 weeks per year. You work three days a week; Mondays, Tuesdays and Wednesdays. How much annual leave should you be entitled to?

The statutory entitlement is for you to receive at least 16.8 days annual leave per year, as this equates to 5.6 weeks, the same as the full-time staff. Your employer is entitled to ask any employee to take the Bank Holidays as annual leave, so if you normally work on a date that is a Bank Holiday, the employer can ask you to take that day off as part of your annual leave. This is, of course, subject to anything stated in your contract of employment, but you should receive at least the pro-rated amount of holidays.

Our Employment Team, based in Christchurch, also cover Bournemouth, Poole and the New Forest. If you have any questions, you only have to ask us at Frettens. Please call 01202 499255 and Paul or his team, will be happy to chat about your situation and you particular requirements.

 

 

The content of this article, blog or video is not intended as specific legal advice. For tailored assistance, please contact a member of our team.

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