Am I entitled to holiday pay?
I have worked in my part-time job for 2.5 years. I normally work 16 hours (3 days) per week. A few weeks ago, I took 13 days off on holiday. I was expecting to receive holiday pay for this time, and my boss gave no indication that it wouldn't be.
When I returned, I received my pay packet and was told that I was only entitled to 14 hours holiday pay, when I was expecting 24 hours (i.e. the full amount that I would have got had I been working).
During the 13 day period, I would have worked on 5 days, and 14 hours only covers the first 2.5 days.
The reason my boss gave for not paying was that I hadnt yet worked enough days in the calendar year to be able to take this amount of time off. I dont really understand this reason, because other staff took holidays in January and received holiday pay. Surely they could not have accumulated enough days either, but maybe the rules are different for full-time workers.
I reminded my boss that in previous years I had taken holidays of this length, and I was paid for it. He threatened to look back through the recordsť and demand the money back if this was true.
Another thing is I dont have a contract. It is a small family business (only 6 staff that arent part of the family) and only one of those people have a contract. Because of this, there is nothing in writing telling me what I am entitled to.
So basically, am I entitled to 13 days holiday pay or not?
Thanks in advance for any help, and sorry if this is all a bit confusing (I know its confusing me).
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Valrie |
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ALAN T |
It's not possible to answer this because we don't know when your holiday year starts, is it a calender year IE January to december, is it a Financial year IE April to March and how many weeks a tear are you entitled to. Having said all that your employer can't stop you taking all your holidays at the beginning of your holiday year, all he can do is ask for some of the holiday pay back if you don't continue to work for the company through out the full holiday year period. Basically I think he is taking the p**s |
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DMsView |
For working a full time job, you are entitled to 28 days off per week for a 5 day, 37 hour week. For working 16 hours a week you are entitled to 89.6 hours total paid holiday over the year. |
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MikeH |
Within the USA, states have different labour laws (and each country around the globe is slightly different) so it is important that you research this through the appropriate government websites where you live. Its also hard to answer you because you don't have a formal agreement with your boss, so take these generalisations with a grain of salt! |
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Tax Doctor |
Well i expect that 13 days is optimistic. A good indication of the hrs leave you are due is to calculate how many hrs you work a year and get 8% of this total which will roughly equate to the numbers of hrs leave a year you are entitled to, and in your case its about 67 to 70 hrs which means about 9 days annual leave a year or just short of it. |
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