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Employees holidays

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kangyk | 14:34 Wed 04th Feb 2009 | Law
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If an employee works 37.5 hrs a week - Tu, Wed, Thu, Fri & Sat always having Mondays off how do I as an employer stand with Bank holidays that fall on a Monday as they generally do? Do I have to give her a day off in lieu of the Monday (for eg the Tuesday) and if so should she get paid as normal for that week? I am thinking of the following:
24 days annual paid leave to include the 8 bank holidays.
Can I also stipulate that 3 of those bank holidays (Xmas, Boxing Day & NY Day should be taken as part of the annual leave. Also if she works Good Friday and is paid as normal for the day I am right in assuming that she doesn't need a lieu day for it.
Hope someone can clear this up for me.
Many thanks
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(2-part post):

Subject to giving reasonable notice, an employer is completely free to determine when an employee's holidays should be taken. So you can insist that any particular dates that you choose (including Christmas Day or any other dates) must be taken as part of your employee's holiday entitlement.

'Bank holidays' are only defined by law for those who work within the banking industry. The concept of a 'bank holiday' or 'public holiday' has no other legal significance in the workplace (unless the employee's contract states otherwise).

Your employee doesn't work Mondays, so you never have to pay her (or give her a day off in lieu) for public holidays which fall on Mondays. (If you've got other other employees who normally work on Mondays, but get the public holidays off, those days will come out of their annual holiday entitlement. Your employee who doesn't work Mondays will, of course, lose nothing from her holiday allowance).
There is never any obligation (unless otherwise specified in a contractual agreement) to pay staff any extra for working on public holidays. (Christmas Day falls on a Friday this year. If you so wanted, you could insist that your employee worked her normal hours, for normal pay, on that day).

I think that's covered everything in your question. However I'll remind you that your employee's statutory holiday entitlement rises to 28 days per year, from 1 April 2009. If your staff holidays are calculated on a calendar year (i.e. Jan-Dec) they'll be calculated as one quarter of the year under the existing rules and three quarters of the year under the new ones. That means that your employee must have 27 days paid holiday this year, and 28 days per year thereafter.

Chris
From 1st April 2009 your employees are entitled to 28 days paid leave, which can include all bank and public holidays.

It is up to you to decide how the employee is to take the annual leave - as long as he or she gets paid for 28 days leave per year.

Regards Good Friday, if worked, then this should not be deducted from the 28 days entitlement.
Sorry Chris, your post wasn't there. :)
Question Author
Thanks very much to you both

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