Need some advice.

[tipsey]

I have been with my employer since Sept 2007, and wanted to take some holls before my maternity starts in July. But my employer tells me that I have very few Holidays to take as they are pro rata. This was not mentioned previously to me taking the job on, and I have always been lead to believe that I have 25 days per year.

For those of you who have read my questions before, I am still waiting for a contract, and the only thing I have to show that I am eligable for 25 days leave a year is the further particulars I have from when I applied for the job. Does this stand? See below the details in the further particulars.


An average maximum week for a post will be 30 hours with the option of additional hours. 25 days leave with benefits and option to join the stakeholder staff pension scheme."


Any advice would be great.

[Loubie30]

When does your annual leave year start, is it 1st April?

[factor-fiction]

It depends on many things:
How many days have you taken already since the start of the holiday year. That will obviously affect how many you have left.
If you started in September then you may not have earned holidays for September as they may be calculated based on full months. Similarly July may not count either. So you may only have earned 8 months worth of holidays- or 16 days between September and July.
Do you work less than a standard working week?- 25 days may be the full time equivalent.
Does the 35 days include bank holidays.

[factor-fiction]

Version without typos:
It depends on many things:
How many days have you taken already since the start of the holiday year. That will obviously affect how many you have left.
If you started in September then you may not have earned holidays for September as they may be calculated based on full months. Similarly July may not count either. So you may only have earned 9 months worth of holidays- or 19 days between September and July.
Do you work less than a standard working week?- 25 days may be the full time equivalent.
Does the 25 days include bank holidays?

[Whickerman]

most employers will allow 1� days per month worked plus 2 - 20 days. You get 25, so that's about 2 per month worked. If you started in Sept, even with pro rata you should have 18-19 days at this point from then. If your work year starts in Jan, then your pro rata means you get 12 days to the end of June.

I don't think bank holidays count towards your yearly leave though... but I've been wrong before!

[Whickerman]

Oooh - a point. 30 hours per week is � of the average working week - if your leave is also rated against that then the 25 days becomes 18 maximum...before the months worked kick in.

You need a contract...

[tipsey]

Thanks for all the replies. Our annual leave started in Jan 2008.

We were "temps" Sept till Jan. Through and agency so this time does not count.

Bank Hols are not included in the 25 days.

I work 30 hours a week, on a shift rota basis.

I soooo need a contract, but at the moment - its seems our employer is making up his own rules, thus making me think he is changing the �contract� constantly.

Regarding the details in the further particulars � if it specifies 25 days leave, I am assuming that I am applying for a role with 25 days leave?

HELP.

Thanks guys.

[Ethel]

There is no mention that the 25 days does not include bank holidays.

How many days have you had since January, and how many does your employer say you have left?

[andrea81]

Well the only thing I can add is that Pro-rata means that:

i.e.
A job that is advertised for �20.000 pro rata just means that if you worked the full working week, this is what you would get. If you don't work a full week the sum of money goes down. This is also true for holidays!

It would be like you working pro rata of 10 hours a week compared with someone else who works 37 hours a week and expecting the same holidays!

If you work a full working weekt hen yes you should be intitled, bit if not, your emplyer could be right!

[tipsey]

thanks again,

my employer stated to us last week that bank holidays were seperate.

but previously he has also said that we had 25 days hols a year. He seems to change his mind as and when it suits him.

I am unsure as to how many hols I have taken, as the business closed down for 2 weekends, and we have been told that these are to be taken as holidays. This is another grey area.

I think I will just have to sit this one out, and see what he comes up with when I get my contract. !! If...