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Am I entitled to holiday pay?

Category: Law & Legal

The man who would be kingThe man who would be king


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).

Valrie
Valrie

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ALAN T
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

DMsView
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.

This time can be deducted if you normally work bank holidays but your workplace is closed on those days. I myself get 28 days but only get 20 days of my choosing because of the 8 bank holidays over the year.

Your boss is incorrect in what he said. You are entitled to the holiday over the year but it's up to you when to take it so unless you are working under a notice period and are intending to leave before the end of the working year, he should have paid you your full holiday entitlement (assuming your 13 days holiday didn't go over your 89.6 hours and for a 3 day week, 13 days if more than 4 weeks holiday) now and not paid you any future holidays later.

MikeH
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!

Your leave entitlements are likely tied to those of the permanent staff... and depending on what permanent staff's working hours and leave entitlements are you are very likely not entitled to 13 days paid leave annually. Based on a 40 hour week and 2 weeks leave per year (standard through out the US, based on your years of employment), your 16hrs a week would entitle you to 4 days paid leave per year (16/40 = 2/5 2/5 of 10 days = 4 days). In Australia or Europe where 40hrs / week grants a 4-5 week leave entitlement you could expect 2 or more weeks paid leave - but its based entirely on the number of hours you work per week.

I'd suggest you do some research on local or state *.Gov websites designed to give you more information about what your legislated rights are. Once you have this information, sit down with your boss and go over what your entitlements are. Keep in mind that if you are too pushy and the business isn't doing well, then you might be out of a job. Keep in mind that he might have been overly generous in previous years because the business was booming. With out a formal arrangement he isn't obligated to maintain anything above the minimums for a casual employee, but with a formal arrangement you might lock yourself into a less favourable arrangement than waiting out the bad times...

Tax Doctor
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.

You accrue annual leave as the year progresses and an employer is not obliged to pay you for A/L that has not accrued although the leave is sanctioned. Part of this A/L that you have taken must have fallen into some unpaid leave category, which is common. Follow this up with your employer.

As for looking back over previous years, I doubt you overtook your leave but if you did your employer could recoup it bu reducing your A/L in the current year but reducing your pay for this is questionable.

The Tax Doctor


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