Although there was a major change over 3 years ago (in 2021) in the way holiday entitlement is calculated, it is still quite a challenge for many of us to calculate our holiday entitlement. In this article we will take a look at how such entitlement is calculated.
The starting point for calculating holiday entitlement is the holiday entitlement in weeks. The employer should set the base rate in weeks, not days, hours or other units. This rate will be the same for everyone and the total holiday entitlement will be reduced against unworked hours or part-time hours.
Basic requirements for determining holiday entitlement:
For the calculation of holiday entitlement, we have to know the worked hours for the year. As a very simplified example, we will show the basic principle of calculating holiday entitlement.
Example 1: An employee has a basic holiday entitlement 5 weeks. In the year 2024 he worked 2096 hours. His working hours per week are 40 hours.
In this case, the calculation is simple because the employee worked for the whole year, so he/she will get the full holiday entitlement.
Now, with example 2, let’s look at how it would look if the employee started working on 1 July 2024 and worked all the scheduled shifts by the end of the year. The rest of the assignment stays without any change.
Example 2: The employee has a basic holiday entitlement 5 weeks. In 2024 he worked 1056 hours. His working hours per week are 40 hours.
The basic principle should be clear now. Let’s go then into more detail.
One of the important things is determining what counts as working time for holiday purposes and what is not counted. The actual working time without overtimes is counted as working time for holiday purposes.. However, please note that if someone is working part-time and works some hours over and above his or her scheduled hours but less than he or she would have worked full-time, that hours are not considered overtime and such hours, unlike overtime, are counted as time worked for holiday purposes.
Also, some selected absences are counted as working time. These include, for example, all obstacles at work on the employer’s side, maternity leave, obstacles according to Section § 199 (2) of the Labour Code (e.g. doctor’s visit, wedding, funeral, etc.) or work accidents and occupational diseases. These selected absences, which are not fully listed here, are counted as part of the working time without limitation.
However, there are also absences that only count as working time under certain conditions and only up to a given limit. Let’s call them ” limit absences”. These absences include:
Limit absences are counted as working time only if the employee has otherwise worked at least 12 times his/her weekly working hours in a given year, with both actual hours worked and absences counting as working time at all times and without limitation. At the same time, no more than 20 times the weekly working hours may be counted as the total working hours from these limit absences. Hours from limit absences which are in excess of 20 times the weekly working hours are no longer counted as the working time and therefore do not increase the resulting holiday entitlement.
Example 3: An employee has a basic holiday entitlement for 5 weeks. In 2024, he actually worked 461 hours, plus 16 hours missed due to an accident at work. 1619 hours missed due to parental leave. His weekly working time is 40 hours.
Employee’s entitlement to holiday will therefore be:
In the next article, we will look at how to deal with employees who change their working week during the year and how to calculate holiday for employees who take holiday between maternity and parental leave.
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