Part-time annual leave entitlements

The third most popular asked question on the Advice line is around Part-time annual leave entitlements. Part-time workers are protected from being treated less favourably than equivalent full-time workers just because they are part-time. A part-time worker is someone who works fewer hours than a full time worker.

Almost all workers are legally entitled to 5.6 weeks paid annual leave; this is known as statutory annual leave entitlement. An employer can include bank holidays as part of statutory leave.

Q. What is the annual leave entitlement for part time staff, for example a lady who works 20 hrs/wk. Do we have to calculate pro rota?

A. Yes, part timers are entitled to annual leave pro rata. So if she works 20 hours per week, and the full time week is for example 37.5 hours and the annual entitlement for a full time employee is 25 days (excluding bank holidays), she would get 25 days x 20/37.5 which comes to 13.333 days - this would normally be rounded up. But if she works a different numbers of hours on her working days, it may be better to quote her holiday entitlement in hours rather than days. So if she takes a day off on a day when she would normally work 5 hours, then 5 hours is taken off her outstanding leave entitlement for the year.

Q. We are going to employ someone who will work 8.30am - 5.00 pm each day, but on Tuesday he will work only 8.30am - midday (total weekly hours = 37½). The holiday entitlement for full time staff is 25 days + 8 bank holidays. How should we calculate his holiday, and what would happen if he takes a Tuesday off, would be a whole day or half a day?

A. Work out his total annual leave entitlement (including public holidays) in hours, in this case it would be 33 days x 7½ hours = 247.5 hours. If this employee takes holiday on a Monday, then 7½ hours would be subtracted from his remaining holiday allowance, if he takes a Tuesday, 3½ hours would be subtracted. Likewise for bank and public holidays - when one falls on a Monday, Wednesday, Thursday or Friday 7½ hrs would be subtracted from his remaining holiday allowance (assuming he is not required to work on bank holidays); if the bank/public holiday falls on a Tuesday 3½ hours would be subtracted.

Q. How should we calculate bank holiday entitlement for our part-timers?

A. There's nothing specific in legislation about how bank and public holiday entitlements for part-timers should be calculated, so it's left up to employers to decide what to offer. However, legislation does state that part-timers must be treated no less favourably than their full time equivalents, so a fair scheme is necessary.

Looking at it from a good practice viewpoint, all part-timers should be treated equally. Do you have any precedents, is anything already written in employees' contracts? If not, you can decide what to offer. Below are two approaches which you might consider.

  1. For full timers there are 8 bank/public holidays (9 in Scotland, 10 in Northern Ireland) for which they are paid but don't come to work (presumably), so part-timers should get a pro rata allowance. So someone who works half time would get 4 bank/public holidays. But if this person usually works on Mondays and Fridays, more than 4 bank/public holidays would fall on the days that the person would normally work (Good Friday, Easter Monday, 2 x May and 1 x August holidays, plus possibly Christmas/New year in some years), so he/she would not be paid for the 5th/6th/7th bank/public holidays. Someone who does not use up his/her bank/public holiday 'allowance' (because not enough bank/public holidays fall on the days he/she normally works) could take the unused allowance as ordinary holiday.

  2. Give employees an annual holiday allowance measured in days and which includes bank and public holidays. So, for example, for a full time employee who currently gets 4 weeks holiday (20 days) plus bank/public holidays, this would change to 28 days (29 in Scotland, 30 in Northern Ireland). Employees would be required to take a day's holiday from their allowance on bank and public holidays. Then for someone who works half time, the allowance would be 14 days (10 days normal holiday + 4 bank/public holidays), and again he/she must take a day's holiday from the allowance if a bank/public holiday falls on one of his/her normal working days. Downside to this is the Monday-only worker, who gets 28/5 days (rounded up to 6?), but has to take 4 or more (depending on Christmas & NY) of these days as bank/public holidays, so hardly gets any 'normal' holiday.

Before introducing any new scheme, consult with staff, and reach agreement on any changes that would be necessary to their contracts of employment, and confirm these in writing. Please note the above guidance is of a general nature. It is important that practices ensure policy guidelines and contractual obligations are followed.

In addition to the above FPM members can obtain further information via the FPM website. Alternatively members can also email specific questions about employment issues to advice@firstpracticemanagement.co.uk where your question will be treated in confidence and will normally be answered (by email) within 2 working days of submission.

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Comments

Helene Garnett 25/10/2018

Can I check that when calculating pro-rata leave for employee leaving half way through the year, once you have the new total do you then deduct the leave they have already taken previously from the new total? Thanks

Roger Lightfoot 15/09/2018

Message for Suleman Adam It is difficult to comment on your situation with 100% confidence without seeing your contract of employment which should state when your additional annual entitlement starts. It may well be the case that it starts in the next holiday year after you complete 5 years service so this may well be correct.

Suleman Adam 07/09/2018

I work for the NHS 37.5hrs per week and i have completed 5 years service back in July 2018, i have been told my Annual Leave entitlement of 27 days and 8 Bank Holidays does not increaseto 29 days and 8 Bank Holidays till April 2019. Is this correct?

Roger Lightfoot 20/07/2017

Message for Paula I believe that your new company is probably correct. I've calculated your holiday entitlement using a new calculator we are building as part of Fabmin which automatically takes into account Bank Holidays year by year and this gives a figure of 80.9 hours. The main reason for this is that you will be off for 41.5 hours on Bank Holidays which is more than you pro-rata allowance of bank holidays. If you'd like me to email you the calculation send me a quick email to roger@spark9.co.uk. Best wishes Roger

Bethany 20/07/2017

Good Morning Paula, Thank you for getting in touch. If you are a member of First Practice Management our HR advisor will be able to assist if you forward your email to - advice@firstpracticemanagement.co.uk If you are not member you can contact ACAS - http://www.acas.org.uk/index.aspx?articleid=1410 Thank you, Kind Regards, Bethany Online Marketing Assistant

Paula jeffrey 19/07/2017

Help, I have worked at my company for 17 years. I am entitled to 28 days + 8 BH =36 days full time equivalent. I work 17 hours per week, Monday 6hours, Tuesday 5.5hours, Wednesday 5.5hrs. I always get 95.5hours per yr excluding BH's. A new company has taken over and are only trying to give me 81hrs excluding BH's! Please can you tell me how to work this out? I am on the same contract so can't see how this can be. They are saying it is to do with the BH's, but I am sure they are working it out wrong!? Thanks paula

rob 12/03/2017

I am in the same position as Mohammad Patel 12/05/16, except I am the employer. I want to back date the holiday pay owed. Initially part time workers weren't paid if they didn't normally work Monday, or Friday in the case of Good Friday. When did that change. Does the Bear Scotland v. Fulton two year ruling apply, for completeness of answer.

Bridget 11/01/2017

Hi my name is Bridget I work 20 hours which is mon 9-6 tues 2-6 and frid 9-6 bank holidays which is 8 is included as my annual leave how much leave would I still be entitled to thanks

Shivani Patel 05/12/2016

I work for gp surgery for 15 years and I get only 20 days of holidays just want to know if I am able to ask my emplyer for any extra days

mohammad patel 12/05/2016

Hello I hope someone can help me ☺ This is my working pattern Mon to Thu 9am to 3pm and on Fri 9am to 12pm. Total hours 25 per week I work. I go in 5 days a week. Can someone advise me on my holiday entitlement how can I work it out, is it better to have it in days or hours, much appreciated if anyone can assist me ASAP.

Michelle Pidgen 16/04/2016

Hi I work an average of 35hours a week as a part time officer. Some times i am informed i will have to work extra hours which is paid to me at normal rate (up until the 40hour mark) - I have no choice and have to work these extra hours. I have asked for the basic annual leave entitlement back on these hours. I am told i am not entitled to this. The full time staff who work 40hours get a full annual leave allowance and if they work extra hours they recieve over time rate. it appears that the job find that i am a cheaper form of 'over time' and i feel discriminated as i am not recieving the same benefits as a full time member of staff. is there any legislation that would assist?

Roger Lightfoot 29/03/2016

There is a good holiday entitlement calculator at https://www.gov.uk/calculate-your-holiday-entitlement and we also built one as part of Fabmin which optionally emails you the detailed calculation for your records. It's at http://get.fabmin.com/holiday-entitlement-calculator/ Tip: For part time staff it is often easier to calculate holiday in hours. I hope this is helpful. Roger

Joan 23/03/2016

Hi I work 22.5 hours a week I work set day's Monday Tuesday Wednesday I do not work bank holidays, would you please work out my holiday entitlement as I am very confused as what I am entitled to.

NK 25/01/2016

Hi. I recently reduced my hours to 15 hours from 37.5 hours. I started my adjusted hours on 22nd of June 2015, however between the months of April and 22nd of June I only took 7.5 hours for a court case. I could not take anymore due to staffing issues on the ward. My question is should I lose my hours between 1st of April and 22nd of June 2015. I was informed that they calculated my part time hours from 1st of April 2015. Surely this is incorrect?

colleen 12/01/2016

Hi I work 30 hours a week pro rota mon fri 9hrs tues 5hrs weds 7hrs Can you please advise me what my holiday entitlement should be for 2015/2016 in HOURS when I use the directgov site it shows a lot more hours than I have been given. Can you please advise me where I can find a online calculator that will be able to calculate 2016/2017 should be. or send me information how to work out my holiday entitlement in HOURS Colleen

Glynis George 20/12/2015

Hi, l work as a Receptionist in a local General Practice. I work Monday and Tuesday as my set 10 hours per week. Could you please advise what my Annual Leave/Bank Holiday entitlement is. At the moment l am very confused as l am being told l owe them 16hrs based on the fact that l regularly work the Monday and should only be entitled to two hours pay per BH which l understand but am totally confused as to how l owe 16 hrs. Help !!

roscoe 15/12/2015

what are the rules regarding holiday entitlement if an emplyee works a 37hr week spread over 4 days ?

Tracey wiggins 07/12/2015

I have worked for the NHS since 1999. i was full time up to 4 years ago. i am now part time . Can you tell me how many hours annual leave i sgould get has i understand i should get extra this year has easter lands in March next year. Then in April when the annual leave is done again i understand i lose some leave in my 2016 leave

Tracey wiggins 07/12/2015

I have worked for the NHS since 1999. i was full time up to 4 years ago. i am now part time . Can you tell me how many hours annual leave i sgould get has i understand i should get extra this year has easter lands in March next year. Then in April when the annual leave is done again i understand i lose some leave in my 2016 leave

Nalini gohil 09/08/2015

I work five days a week part time doing 25 hours a week. my employer gives me 13 days holiday I have worked in my current job for ten years. can you tell me if that is the correct number of holidays I should be getting annually. Thank you look forward for a reply.

lisa 25/04/2015

hi I work 18hrs a wk wed-fri 9-3 with 10yrs service, the full timers work 5days 37hrs, they get 33days hol & 8 bank hols what hols should I be entitled too? we have just been given a new contract by our new office manager. I used to my hols in hrs which made it 17.5 days hols plus bank hols which after my 10yrs service went upto approx 25days in total. I have now been told I now only get 16days hol. can you advise me please

Vanessa rawcliffe 08/04/2015

I work 22.5 hours per rota just started at the company . They have just given us our holiday entitlement . They have given me 8 days holiday for the year 2015 / 16 plus ten days bank hols . If you work bank hols you get double pay day in lou . if you dont work u get normal pay loose one bank holiday they give u on top of 8 days annual leave . Dont understand how they work this out could you help an let me know Iif its right thank you .

Vanessa rawcliffe 08/04/2015

I work 22.5 hours per rota just started at the company . They have just given us our holiday entitlement . They have given me 8 days holiday for the year 2015 / 16 plus ten days bank hols . If you work bank hols you get double pay day in lou . if you dont work u get normal pay loose one bank holiday they give u on top of 8 days annual leave . Dont understand how they work this out could you help an let me know Iif its right thank you .

MRS Valerie Andrews 07/04/2015

If I don't work Mondays normally would I be entitled to an extra bank holiday for MONDAY 28th DEC

Caron 11/03/2015

I am a Part time Dispensary manager within a GP practice . I am currently contracted to 32 hrs but don't work Mondays how does that affect BH entitlements?

Sam Cook, HR Advisor at FPM 25/02/2015

Hi Catherine, Thanks for commenting. First Practice Management is a subscription service for GP Practice Managers and Partners who can contact us for advice on a range of employment topics including annual leave. In regards to your specific query, my first recommendation would be to approach your line manager with this question or HR department if you have one. Alternatively ACAS and Citizen's Advice can be contacted to support employees with any queries. Non working days and bank holidays can be quite tricky to manage but there are some resources on the ACAS website that may be able to help. Kind regards, Sam HR Advisor

catherine 23/02/2015

I am wondering if anybody can answer my question I work 22.5 hours which at the moment is mon to weds so as Christmas and boxing day fell on Thursday and Friday last year should this be taken out of my leave allowance also? As technically these would be my rest days anyway???! Very confusing. I work for the nhs and I am finding it extremely difficult to get a straight answer to this!


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