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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