Worked Example for Part Year Employees (47 Week Year)

Background

An employee is contracted for 27.5 hours for 47 weeks per year (inclusive of holiday entitlement). The employee has a continuous service start date after April 2000 and has more than 5 years service. As per the 47 week year table, this entitles them to 6.6 paid holiday weeks per year (or 33 days) including public holidays. This entitles them to 27 days annual leave (30 days/52*47) exclusive of public holidays. This means that they work 40.4 weeks per year (47 contracted weeks minus 6.6 holiday weeks). They were off sick for 2 days in November 2010 and a total of 133 days in 2011, returning to work on 5th October 2011. The statutory minimum total leave entitlement for this employee is 25 days (28 days leave/52*47 paid weeks per year).

Part year workers who work around school term time have to take 5 days leave during Easter, 5 days leave during October and the balance of leave during the Summer. In 2011 5 days annual leave were taken prior to going off sick (Easter holidays) and 5 days annual leave will be taken during the October break. The employee was off sick for the duration of the Summer break in 2011. All 7 public holidays in 2010 fell outwith the sickness absence period, as did all 7 public holidays in 2011.

Pattern of Absence

2 days absence in November 2010

133 days absence ending on 5 October 2011

135 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

(365-2) divided by 365 x 27 = 26.85 days

Abated annual leave entitlement for 2010 = 26.85 days

Public holidays which fall outwith sickness absence period(s) = 7 days/52*40.4 = 5.43 days.

Abated entitlement would be 32.28 days (annual leave + public holidays which fall outwith sickness absence period).

Prior to going off sick in 2010, the employee had taken 5 days annual leave in the Easter break, 5 days annual leave in the October break and 17 days annual leave in the Summer. In addition, all 5.43 (pro-rated) public holidays fell outwith the sickness absence period. This equates to a total of 32.43 days leave taken in 2010.

The 32.43 days of leave already taken should be deducted from the abated leave entitlement of 32.28 days to give a total of 0.15 days to be deducted from the 2011 entitlement.


ABATEMENT CALCULATION FOR 2011

(365–133) divided by 365 x 27 = 17.16 days

Abated annual leave entitlement for 2011 = 13.16 days

Public holidays which fall outwith sickness absence period(s) = 7 days/52*40.4 = 5.43 days

This gives a combined total of 18.59 days leave for 2011. This figure would have to be increased to 25 days (including public holidays) in order to meet the statutory minimum.

Total Number of Hours Due

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

25 days (entitlement for 2011)

Minus 0.15 days (deduction carried over from 2010)

Total = 24.85 days

Leave which falls outwith sickness absence period(s) = 10 days annual leave + 5.43 public holidays = 15.43 days

Balance of leave for year = 9.42 days

9.42 days x 7.4 FTE hours x 27.5 hours / 37 FTE hours per week = 51.81 hours

Total accrued leave entitlement (abated) = 52 hours

See the Guidance on Abatement of Leave for further information

Click here to return to the main Abatement of Leave page

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