Worked Example for Part Time Employees or Employees who Have Leave Calculated in Hours

EXAMPLE 1

Background

An employee has 32 days annual leave plus 7 public holidays. They are a part time employee and work 28.5 hours per week. They have a total annual leave entitlement of 182.4 hours (32 days annual leave x 7.4 hours x (28.5 hours per week/37)). They had taken 114 hours of leave (annual leave plus public holidays) in 2010 prior to going off sick on 21 July 2010. They did not take any further annual leave before returning to work on 24 April 2011. The statutory minimum total leave entitlement for this employee is 159.6 hours (28 days annual leave x 7.4 hours x (28.5 hours per week/37).

Pattern of Absence

164 days absence from 21 July to 31 December 2010

114 days absence from 1 January to 24 April 2011

278 days absence in rolling 12 month period

Solution

The employee meets the 90 day abatement trigger. The period of absence spans 2 leave years; therefore both annual leave years should be abated proportionately. The abatement calculation should be based on the 12 month period prior to the calculation end date.


ABATEMENT CALCULATION FOR 2010

(365-164) divided by 365 x 182.4 = 100.44 hours

Abated annual leave entitlement for 2010 = 100.44 hours

Public holidays which fall outwith sickness absence period(s) = 4 days or 22.8 hours

(4 days public holidays x 7.4 hours x (28.5 hours per week/37) = 22.8 hours)

Abated entitlement would be 123.24 hours (annual leave + public holidays which fell outwith sickness absence period(s)).

Note – this figure would have to be increased to 159.6 hours (including public holidays) in order to meet the statutory minimum.

The 114 hours of leave already taken should be deducted from the statutory minimum entitlement of 159.6 hours to give a total of 45.6 hours to be carried forward to 2011.


ABATEMENT CALCULATION FOR 2011

(365–114) divided by 365 x 182.4 = 125.43 hours

Abated annual leave entitlement for 2011 = 125.43 hours

Public holidays which fall outwith sickness absence period(s) = 5 days or 28.5 hours

(5 days public holidays x 7.4 hours x (28.5 hours per week/37) = 28.5 hours)

This gives a combined total of 153.93 hours leave for 2011. This figure would have to be increased to 159.6 hours (including public holidays) in order to meet the statutory minimum.

Total Number of Hours Due

The employee’s total abated annual leave entitlement for 2011 is therefore:

159.6 hours (entitlement for 2011)

Plus 46.5 hours (carried over from 2010)

TOTAL = 205.2 HOURS

Please see Guidance on Abatement of Leave for further information

Click here to return to the main Abatement of Leave page

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