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Bank Holiday Pay Calculation

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cassa333 | 10:56 Thu 17th Jul 2014 | Law
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Hi,

I know that full time workers holiday entitlement is 28 days that can include bank holidays but what about pt workers or those that would not normaly work on a bank holiday?

For instance if you have a someone who works 4 days per week their pro rata holiday entitlement is 22.4 days. 8 of which are used to pay the bank holidays leaving 14.4 to use as annual leave.

But what about someone who works three (half day) shifts per week for only 38 weeks per year. ie term time. I work it out as 3 shifts x38 weeks = 114 shifts divided by 46.4 = 2.2 x 5.6 = 14 shifts holiday. (hopefully that is right!!)

Now as a term time worker who would not ordinarily working on a bank holiday, can/should they be paid for 8 bank holidays ON the actual bank holiday day or can they take them when they want?

I would say they are paid the bank holiday for the day and not transfer to another day!!?

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they are entitled to the same amount of leave as a full time worker pro rata'd to the hours they work. You don't work it out by shifts but by hours. bank holidays aren't relevant for leave calculation but staff can be made to use part of their annual leave for bank holidays if the service closes for the bank holiday

so Two employees who work the same number of hours over a year should get the same number of hours of leave over a year. The worker who would normally work a bank holiday must use up some of her/his leave to cover the bank holiday of the service is closed, the worker who would not normally work a bank holiday has that leave to take at other times. In both cases, unless otherwise stated in the T and C of the job, ;eave can only be taken with the agreement of the employer and the employer can also insist that leave must be taken at certain times.
This is the sort of stuff that should be taught in school
what possible use would it be to most people (who get their leave worked out for them?)
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Funnily enough the hours work out at the same as the 14.4 shifts for holidays !!

the 28 day allocation include bank holidays so for a full time worker they get paid the bank holidays but someone who doeen't usually work them still, within their pro rata entitlement get paid for them.

In theory an employer can determine when holiday is taken so it seems that they can say they have to take them on bank hoildays!!
28*(38*3)/(52*5) = 12.3 (half day) shifts of holiday available

If any of the (half) days fall on Bank Holidays you can stipulate they are taken then.
black cat, because 1. I didn't trust other people when it comes to things like my pay and leave and 2. because it would have saved me soooooo much time as an employer explaining it to my staff.
If the hours are the same then the leave allowance should be the same.

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Bank Holiday Pay Calculation

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