Calculating correct annual leave

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Plek Trum

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Hello,

looking for an experienced / qualified answer here please. Trying to double check the annual leave we have been allocated at work.

Myself and staff member work a min of 1300 hours per year (additional hours on top of that for holiday cover etc).

Under the Act, it seems we are entitled to 8% of the hours worked in a year.
8% of 1300 = 104 hours.
We work either 6 hour or 8 hour day, depending on the day of the week. These days / hours are fixed and do not change.

Should annual leave be:
(a) 13 days - based on 13 x 8 hour days (we will and have to date taken a 6 hour day as a fulls days holiday)
(b) 17 days - based on 17 x 6 hour days OR
(c) A combination of the above, working from a total of 104 hours depending on which day we take off?

Small business. No HR dept. no contracts, no other employer / senior staff to ask.
Really appreciate a definitive answer please.

Sincere thanks in advance.
 
If you work more than 1365 hours per annum your leave entitlement is 4 working weeks.
Do you work a set number of days per week?
If for e.g. your working week is 4 x 6hr days per week; your entitlement will be 16 x 6hr days per annum
If you work less than 1365 hours per annum, your leave entitlement is 8% of hours worked up to a maximum of 4 working weeks per annum.
 
Thanks Nutso - our schedule is as follows on a 2 week rotation.
Week 1: Mon 8 hours
Thurs: 8 hours
Fri: 6 hours

(22 hours)

Week 2: Mon 8 hours
Tues 6 hours
Wed 6 hours
Thurs 8 hours

(28 hours)

You can see how the days / hours change depending on the rotation, hence I believe 8% rule applies to calculate same?

This is 50 hours a fortnight x 26 = 1300 hours per year - 104 hours annual leave.

Is the 104 hours taken as a TOTAL, from which we deduct either 8 or 6 hours depending on which day of the week we would be off??
 
Some people I know work in the HSE in this kind of way and they get an hourly annual holiday from which they deduct the hours of the day taken. This would suggest your last line above is correct. This is the HSE and is unionized so they may have different laws than the rest though.
 
Many thanks Elcato - it seems to be the most logical calculation alright. I'm hoping my employer will see it the same way and work by the hour and not 13 days leave.

Any confirmation from anybody else?
 
I see this as 4 weeks annual leave.

104 hours = 2 x 50 hour fortnights +4 hours (maximum entitlement capped at 4 weeks)
 
Thanks for the replies. Black Sheep - the query is not the calculation but rather the allocation of the 4 weeks leave into the number of days / hours as our "week" is 3 days one week and 4 days the next.

Newtothis: thanks for the links, all up to date with that though and aware of what should be / have been done reharding contracts and the Organisation of Work time Act.

Can anybody with definitive experience clarify the correct annual leave allocation and method please? I believe I am correct but need confirmation re same... thanks!
 
I'd imagine that it's 1,300 hours x .08 = 104hours. So you should get 4 weeks off (3 days x 2 + 4 days x 2) and get paid for 104 hours.
 
You work 22hrs one week and 28hrs the next week, so your hours would be an average of 25 per week. Therefore 4 working weeks would be 100 hours. This is less than 8% of hours worked, but the legislation indicates 8% of hours worked up to a maximum of 4 working weeks.

You would then deduct hours from the total for days taken, depending on the usual hours worked that day.
 
Nutso said:
You work 22hrs one week and 28hrs the next week, so your hours would be an average of 25 per week. Therefore 4 working weeks would be 100 hours. This is less than 8% of hours worked, but the legislation indicates 8% of hours worked up to a maximum of 4 working weeks.

You would then deduct hours from the total for days taken, depending on the usual hours worked that day.
Click to expand...
I agree with this.

It’s 4 weeks based on your average week.


Plek Trum, I have to say that I’d hate to be your employer. Anyone who is watching the hours like that would be a nightmare employee.

I get 4 weeks off and if I have to go out for an hour or two during the day I still get paid. If I do some work in the evening or take a phone call I don’t look for 15 minutes overtime.

Give and take and all that.


The whole query seems very petty.
 
Hi

I am currently in a disagreement with my employer on this subject so I would much appreciate if somebody could answer my status on annual leave:

I have been working to my current employer from January 4th and my last day of work will be September 30th - I am returning to home country.
By the September 30th I will have 39 working weeks with my employer, I've been working 40 hours a week, so that in total will be 1560 hours of my work with the current employer. As Organisation of Working Time Regulations states that a person is entitled to 4 weeks of holiday after 1365 hours worked in a year, I should be entitled to this 4 weeks of my holiday if I am right?

Thank you for your answer in advance!
 
No you are not correct, as you have not worked the full year. If you continued with this employer until 31st Dec then yes you would be entitled to 4 weeks leave but as you are leaving after 9mths you will be entitled to 9/12ths of your full year entitlement. So 15 days or 3 weeks leave.

The 1365hr rule is to determine the full years entitlement if you start/leave within the year you must pro rate the leave.
 
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