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Thread ID: 126092 2012-08-06 06:17:00 Leave pctek (84) PC World Chat
Post ID Timestamp Content User
1293308 2012-08-06 09:01:00 It seems you work a 4-day week. Provided you are still allocated 20 days of leave, deducting 5 days for a 1-week absence - despite that only being 4 work days for your normal schedule - is absolutely fine. You would still be able to take a 4-week leave of absence. inphinity (7274)
1293309 2012-08-06 10:10:00 I agree with inphinity. You work Wed-Thurs-Fri-Sat and that is your 40hr week. If you work more than 40 hours then that won't alter your leave entitlement. When holiday time comes you can go away for a week - Monday to Sunday - that's ONE WEEK of leave and they pay you 40 hours worth when you're not there for that WEEK. The method of calculating does reduce everything to hours, but that doesn't mean you lose anything. I'm sure you'll find that the Labour Department will agree with the method of calculating. Don't fret over the fact that they call it 5 days leave - remember that it is based on standard 8 hour days 40 hour weeks.
Compare with the extreme case of someone who works only one 8 hour day (Friday) every week. When he takes 3 weeks annual holiday he doesn't get paid for three 40 hour weeks - only for the three Fridays he would normally have worked - and at approximately his usual rate.
coldot (6847)
1293310 2012-08-06 10:25:00 I agree with inphinity. You work Wed-Thurs-Fri-Sat and that is your 40hr week. If you work more than 40 hours then that won't alter your leave entitlement. When holiday time comes you can go away for a week - Monday to Sunday - that's ONE WEEK of leave and they pay you 40 hours worth when you're not there for that WEEK. The method of calculating does reduce everything to hours, but that doesn't mean you lose anything. I'm sure you'll find that the Labour Department will agree with the method of calculating. Don't fret over the fact that they call it 5 days leave - remember that it is based on standard 8 hour days 40 hour weeks.
Compare with the extreme case of someone who works only one 8 hour day (Friday) every week. When he takes 3 weeks annual holiday he doesn't get paid for three 40 hour weeks - only for the three Fridays he would normally have worked - and at approximately his usual rate.Disagree, working more than 40 hours will alter your leave. Especially if the extra hour vary. That's why it is based on 4 weeks or 8% which ever is the higher amount
plod (107)
1293311 2012-08-06 10:57:00 Disagree, working more than 40 hours will alter your leave . Especially if the extra hour vary . That's why it is based on 4 weeks or 8% which ever is the higher amount

You can't mix 'weeks' and 'percentages' like that . Working longer hours will increase your gross holiday pay (that is where the percentage comes in) but not the number of days, which remains fixed at 20 .

Provided that you are a permanent employee, not a casual:

1) You get 20 days leave per annum, regardless of number of hours or days worked . Not wishing to hammer the point, but a DAY is 24 consecutive hours, there is no alternative interpretation available .

2) You are paid holiday pay equivalent to EITHER your standard weekly rate OR 8% of your gross pay, whichever is the greater . The latter tends to be used when irregular overtime or unusual hours are worked, or weekly hours/days may vary for valid business reasons .

3) You cannot contract out of the Holidays Act, but a blind eye may be turned to mutually agreed arrangements to accommodate special circumstances, so long as the correct payrate and number of days are maintained by the arrangement, i . e deferred holidays to accommodate an overseas wedding . Cashing up holidays should only occur if leaving the job and at that point the payment is proportional to the number of weeks worked since your last holiday entitlement was taken .

Casuals receive their holiday pay in every pay packet, and it should be shown as such .

I seem to remember that the option to take the fourth week as a cash payment was bandied about by the present government but I don't recall where that ended up (mainly because I'm self-employed and don't get holidays) .

Regardless, 'weeks is weeks' and 'percentages is money', and that's the way they'll remain because they are different measures .

Cheers

Billy 8-{)
Billy T (70)
1293312 2012-08-06 10:58:00 Normally what happens is they calculate your leave back to an 8 hour day and adjust your hourly rate to reflect an 8 hour day irrespective of what your average day is. Or is that sick and stats? I forget now. globe (11482)
1293313 2012-08-06 11:07:00 You can't mix 'weeks' and 'percentages' like that . Working longer hours will increase your gross holiday pay (that is where the percentage comes in) but not the number of days, which remains fixed at 20 .

Provided that you are a permanent employee, not a casual:

1) You get 20 days leave per annum, regardless of number of hours or days worked . Not wishing to hammer the point, but a DAY is 24 consecutive hours, there is no alternative interpretation available .

2) You are paid holiday pay equivalent to EITHER your standard weekly rate OR 8% of your gross pay, whichever is the greater . The latter tends to be used when irregular overtime or unusual hours are worked, or weekly hours/days may vary for valid business reasons .

3) You cannot contract out of the Holidays Act, but a blind eye may be turned to mutually agreed arrangements to accommodate special circumstances, so long as the correct payrate and number of days are maintained by the arrangement, i . e deferred holidays to accommodate an overseas wedding . Cashing up holidays should only occur if leaving the job and at that point the payment is proportional to the number of weeks worked since your last holiday entitlement was taken .

Casuals receive their holiday pay in every pay packet, and it should be shown as such .

I seem to remember that the option to take the fourth week as a cash payment was bandied about by the present government but I don't recall where that ended up (mainly because I'm self-employed and don't get holidays) .

Regardless, 'weeks is weeks' and 'percentages is money', and that's the way they'll remain because they are different measures .

Cheers

Billy 8-{)So we agree . My holiday pay gets calculated in a dollar amount . I presume it's done because I'm a wage worker doing over time . Previous employer never calculated my overtime into it . Took me 4 years to work this out . Got myself a nice fat check for this in back pay
plod (107)
1293314 2012-08-06 11:42:00 Billy is right on the money.
And he has explained it in the best way possible.
DeSade (984)
1293315 2012-08-06 21:14:00 Annual leave is specified in weeks, not hours or days, only the pay varies according to the number of hours or days you work .

Ministry of Business, Innovation and Employment:



I rang DOL . They said it depends how the employer calculates it . 8 hrs x 5 days . So its 160 hrs . 4 days (mine) therefore equals 40hrs = 5 days leave .
Sounds like crap to me . . . . . .

So we don't get 20 days, we get 160hrs .

DOL did say it had to be in the contract . <y contract just says 20 days .
pctek (84)
1293316 2012-08-06 22:43:00 All i know is if it rains on your holidays you are allowed to have sick days to make up for it when you get back ;) Gobe1 (6290)
1293317 2012-08-06 23:48:00 1) You get 20 days leave per annum, regardless of number of hours or days worked. Not wishing to hammer the point, but a DAY is 24 consecutive hours, there is no alternative interpretation available.
Part of the problem comes from that misinterpretation. The Act says FOUR WEEKS -not 20 days. The 'days' reference only comes about through the employer's calculations being related to hours and days. The employer needs to use that where workers on not on standard 8 hour day 5 days weeks. In simple terms, when you take four weeks annual leave you will be paid at a rate closely related to what you would normally get for a week of work - in your case Wed to Saturday.
By the way, if you tell your employer that you are taking annual leave days on Sunday, Monday and Tuesday of each of the next four weeks then you would get no pay for that "holiday". If you have a second job on those days then your second employer would be paying holiday pay.
coldot (6847)
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