Holiday entitlement for part time worker

[agamad]

Hi, my mother in law works 2 hrs a day cleaning at a local dentist surgery. I believe she has a contract of work. She certainly receives a wageslip with her salary. Is she entitled to any holiday or is this something that is at the discretion of her employer due to the low hours?
. I know its not a lot of hours but the surgery has closed for a fortnight but she is still expected to go in and has a list of jobs as long as your arm!

[TheOtherHalf]

Im sure she is entitled to something. I remember when I had a few private cleaning jobs and one of my little old ladies informed me she had read in a magazine that I am entitled to holiday pay if I had been declaring it (which I wasnt) but she still insisted from then on to give me some as holiday spending money. Bless her, shes since died so I cant ask but I will try to rack my brains as she showed in me. I think it was in a yours mag or womens weekly or something like.If I can remember anything, I will come back to you

[factor-fiction]

How many days a week does she work?
There is a calculator here: http://www.nidirect.g...liday-entitlement.htm
If she works 5 days a week I think the minimum figure is 28 days a year, which in her case is 56 hours a year. This is paid holiday. It includes any bank holidays.

[boxtops]

factor, how does this work for casual staff, where the hours are zero but the person is on payroll and gets paid for any hours worked? Should leave be paid? - it's not at the moment in the instance I am thinking of.

[Buenchico]

All employees (even, for example, the youngsters who deliver your newspapers) have a legal entitlement to a period of paid holiday. For those with a regular pattern of work (where they work the same number of hours each week, irrespective of whether it's part-time or not) the calculation is 5.6 times the number of days worked each week (capped at a maximum of 28 days). So your M-i-L is entitled to 11.2 days paid holiday per year (with each day paid for the same number of hours as she'd normally work in a day). That includes any 'enforced holidays', when the surgery is closed (such as Christmas Day or other public holidays) but when she still gets paid.

http://www.direct.gov...dholidays/DG_10029788

Chris

[agamad]

Thanks for all your answers and especially to factor30 & Buenchico for the .gov links. I'll pass it on.

[sistermag]

Hi,
I'm pretty sure (although not 100%) that the law has recently changed meaning that everyone is entitled to a minimum amount of holidays per year. I work in a shop and we have students who are contracted to 1 hour per week (and then work whatever they can when they return from uni) and they are entitled to 4 weeks paid holiday (so 4 hours). So i am sure that your mother-in-law should be entitled to something.

[boxtops]

I'd be glad for anyone's thoughts about my question if anyone's around please - about zero hours staff and any holiday entitlement (see above pls)?

[buildersmate]

Boxtops. My belief this that employers have to give 'zero hours contract' staff the same amount of holiday as other employees. This means a minimum of the statutory figure of 28 days per annum, which includes public holidays, for a full timer. For a zero hours worker, holiday is based upon the actual number of hours worked in a previous period - which may be zero of course. The '28 days requirement' equates to holiday accrued at a rate of 10.77% of the hours worked. It may be a different percentage if the employer offers all employees more, but I am quoting the statutory minimum.
One issue is the definition of a 'period' - I think ACAS recommend averaging the holiday accrued over the previous 12 weeks period.
I think (but am not sure) that casual workers are different, in that they have no contract - they are employed purely for the hours done - and as such have no other holiday rights. However, just because an employer considers one to be a 'casual worker' doesn't necessarily mean the law would see it that way, if tested.

[nsandsc]

Can anyone help me calculate the holidays for a part time office person?

The lady works 15hours per week (14 hours one week and 16 the following) we give all bank and public holidays as paid leave.
I have calculated that her annual entitlement is 84hours per annum, this is giving her approximately 5 weeks plus 9hours paid leave.
the bank and public holidays equartes to 9 days this year, as we pay for this leave would I be correct in thinking that 9daysx4hours each day =36 hours which should be deducted from the 84hours allocated annual holiday entitlement?