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Calculate the pro rata annual leave and salary for part time employees

To calculate pro rata salary and leave you need the notional FTE salary and the notional FTE leave entitlement expressed either in hours or in days.

You must use the total holiday allowance including bank holidays to calculate the pro rata holidays for a part time worker. E.G. you must use  28 days and NOT 20 days + Bank Holidays.   If you pro rate the  FTE bookable days e.g. 20 days  + bank holidays that fall on work days this is potentially unfair and unlawful.

It is potentially unfair  as an employee working part time, say, 4 days of a 5 day week,  Monday to Thursday would get 22 days leave, i.e. 16 days pro rata leave, using 2021 as an example would get  + 6  bank holidays that fall on work days. An employee who works Tuesday to Friday again using 2021 as an example would only get 19 days leave, i.e. 16 days + 3 bank holidays that fall on work days.

It is potentially unlawful as the employee who doesn’t work Monday would accrue leave at 10.05% per day compared to a full time employee who would accrue leave at 12.07%  per day, in breach of the Part Time Workers no Less Favourable Treatment Regulations.

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