Bank Holiday/Closure Days Pro Rata Entitlement for Part-time Employees
1. Background
Full-time staff who would normally have worked on a Bank Holiday or University Closure Day are entitled to a paid holiday for each day.
Currently a part-time staff member only gets paid holiday if they normally work on one of these days. If part-time employees do not normally work on these days they do not receive time off in lieu (TOIL) or payment.
For example, part-time staff who normally work on Monday and Tuesday get most Bank Holidays as paid holidays. Meanwhile, part-time staff who normally work on a Wednesday and Thursday get no Bank Holidays at all.
This means that some part-time staff get more than a fair proportion of Bank Holidays, and some get less than a fair proportion.
2. New Entitlement
Following an agreement with the trades unions, with effect from 1st October 2009, all part-time staff will receive a pro-rata entitlement for Bank Holidays and University Closure days. This will be introduced for all part-time staff, regardless of hours or patterns of work. The entitlement will be calculated in accordance with an individual’s FTE (see sections 3 and 4 below).
Part-time staff already contracted to work a standard 5 day pattern across 52 weeks will not need to pro-rata their entitlement, as (with full-time staff), they already receive paid Bank Holidays/Closure Days.
Where part-time staff start or leave their employment during a holiday year, they will receive a proportion of their full Bank Holiday/University Closure Day entitlement appropriate to the individual.
3. Calculating Entitlements
Some examples of how to calculate total leave entitlement are shown in sections 3a and 3b below, but we recommend you use our
online calculator.
3a. Part-time staff who work 52 weeks a year
Example: an employee working 25 hours a week for 52 weeks a year (in their second year of employment) -
25 hours divided by 36.5 hours multiplied x 255.5 hours = 175 hours leave per annum*
*This is the total annual leave entitlement for the year (including basic annual leave and leave for bank holidays and closure days
3b. Term-time or part-year staff
First you must determine whether you:
• can take annual leave within your working hours
• must take annual leave outside your normal working hours
The latter arrangement may be in place for working arrangements where you are contracted to work for a set number of days. You will accrue leave entitlement and be paid for leave, but this leave must be taken after the contracted period finishes. If these conditions apply it will be stated in your employment contract.
If you can take annual leave within your working hours;
Example: an employee working 25 hours a week for 30 weeks a year (in their first year of employment)
25 hours divided by 36.5 hours, multiplied by 30 weeks divided by 52 weeks x 255.5 hours = 101 hours leave per annum*
*This is the total leave entitlement for the year (including basic annual leave and leave for bank holidays and closure days.
4. Keeping the leave record
Step 1) Establish a leave record indicating the total annual leave allowance in hours
Step 2) Deduct the appropriate number of hours leave for any Bank Holidays and Closure Days for the leave year ahead that will fall on the individual member of staff’s normal working days. Doing this at the start of the leave year means that the individual will not run out of leave for these holidays.
Step 3) If a day’s leave is taken (whether this is a Bank Holiday, Closure Day or normal Annual Leave), deduct the number of hours normally worked on that day.
• If a Bank Holiday or Closure Day falls on a day when the individual would not normally work, do not record any hours leave taken.
• Deduct any remaining leave in hours as it is taken, depending on which day is taken as leave. For example, if a week’s leave is taken, deduct the total of the number of hours normally worked on each day.
Examples
These examples are based on the 2012-13 leave year commencing on 1 October 2012 and ending 30 September 2013.
Employee A: works for a full day on both Wednesday (7.5 hours) and Thursday (7.5 hours) and a part day (3.5 hours) on a Friday. Total weekly hours = 18.5 (works 52 weeks per annum - in first year of employment)
Employee B: works for a full day (7.5 hours) on Monday, Tuesday and Wednesday. Total weekly hours = 22.5 (works 52 weeks per annum - in second year of employment)
| Total annual leave entitlement (hours) | Employee A | Employee B | |
|---|---|---|---|
| 129.5 | 157.5 | ||
| Bank/University Closure Days | Day | Hours leave to be recorded | |
| 24 December 2012 (Closure Day) | Monday | Nil | 7.5 |
| 25 December 2012 (Xmas Day) | Tuesday | Nil | 7.5 |
| 26 December 2012 (Boxing Day) | Wednesday | 7.5 | 7.5 |
| 27 December 2012 (Closure Day) | Thursday | 7.5 | Nil |
| 28 December 2012 (Closure Day) | Friday | 3.5 | Nil |
| 31 December 2012 (Closure Day) | Monday | Nil | 7.5 |
| 1 January 2013 (New Year's Day) | Tuesday | Nil | 7.5 |
28 March 2013 (Closure Day) 29 March 2013 (Good Friday) 1 April 2013 (Easter Monday) 2 April 2013 (Closure Day) |
Thursday Friday Monday Tuesday |
7.5 3.5 Nil Nil |
Nil Nil 7.5 7.5 |
3 April 2013 (Closure Day) |
Wednesday | 7.5 |
7.5 |
6 May 2013 (Early Spring Bank Holiday) |
Monday | Nil |
7.5 |
| 27 May 2013 (Spring Bank Holiday) | Monday | Nil | 7.5 |
| 26 Aug 2013 (Summer Bank Holiday) | Monday | Nil | 7.5 |
| Remaining Leave after Bank and Closure days recorded | 92.5 hours | 75 hours | |
If a member of staff has insufficient leave to enable a Bank Holiday or University Closure Day to be taken, they should either:
• Agree with their line manager to work the equivalent number of hours at an alternative time; or
• Agree with their line manager to take unpaid leave;
September 2012