Worked Example for Change in Hours Pro Rated Before Abatement

Background

Employee worked 14.8 hours in contract 1 until 24/1/16 and 14.8 hours in contract 2 until 24/1/16. Employee then increased to 29.6 hours for contract 1 on 25/1/16 and was terminated from contract 2 on 24/1/16 so worked 29.6 hours in January 2016.

Pattern of Absence

2015

1 days absence on 8 September 2015

2016

2 days absence from 29 March to 30 March 2016

28 days absence from 26 April to 23 May 2016

82 days absence from 3 June to 23 August 2016

113 days absence in rolling 12 month period


Annual Leave Calculation

Jan – Sept @ 29.6 hours – 29.6/37×7.4×27 = 159.84 hours x 9/12 = 119.88 hours

Oct – Dec @ 14.8 hours – 14.8/37×7.4×24 = 79.92 hours x 3/12 = 19.98 hours

Annual leave excluding Public Holidays = 139.86 hours

Public holidays = 3 @ 29.6 – 3×7.4×29.6/37 = 17.76 hours (5.92 hours each)

Public holidays – 3 @ 14.8 – 3×7.4×14.8/37 = 8.88 hours (2.96 hours each)

Statutory minimum

Jan – Sept @ 29.6 – 28×7.4×29.6/37 x 9/12 = 124.32 hours

Oct – Dec @ 14.8 – 28×7.4×14.8/37 x 3/12 = 20.72 hours

Total SM = 145.04 hours


 ABATEMENT CALCULATION FOR 2016

(365 – 112) divided by 365 x 139.86 hours (AL exc PH’s) =96.94 hours

 Public holidays which fall outwith sickness absence period(s) =6 days / 26.64 hours (2xJan, 1xMar, 3xDec)

Abated annual leave entitlement for 2016 = 123.58 hours 

The abated figure of 123.58 hours DOES NOT meet the statutory minimum of 145.04 hours so figure is increased to this.

Annual leave already taken (and public holidays) which fall outwith sickness absence period(s) (33.3 hours annual leave + 7.4 public holidays) should be deducted from 145.04 hours to give a total of 104.34 hours remaining for 2016.

Total amount of leave: 104.34 hours

 

Please see the Guidance on Abatement of Leave for further information.

Click here to return to the Abatement of Leave page

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