Starting in April this year, legal changes mean that anyone regularly working and claiming overtime, additional hours or job-linked allowances (such as sleep-ins or standby duties) should have these allowances taken into account for holiday pay.
UNISON West Sussex successfully led the negotiations with West Sussex County Council (WSCC) to introduce the change for schools and non-schools staff, which has become one of the first councils to do so across the country.
UNISON has agreed with WSCC that ‘regular’ means working one or more times every month for three consecutive months. So, if you’re entitled to claim overtime, additional hours or other linked payments for three months, you will now qualify for more holiday pay.
If your working pattern was like this in January, February and March 2015, you will have qualified for more holiday pay this annual leave year. The first payment will be made to you in June and based on the extra hours etc. you worked in April, May and June 2015. It will show as ‘Claims Holiday Pay’ on your payslip. The additional holiday payment is based on a percentage of your claims.
You will continue to receive this holiday pay if your monthly working pattern regularly involves claiming overtime, additional hours or allowances. The amount of holiday pay you receive will vary depending on the amount of claims you make.
It will stop if you are no longer required to work overtime, make claims etc , but can resume if you begin such a working pattern again for three consecutive months.
Some frequently asked questions (FAQs) for WSCC staff about holiday pay claims are shown below.
If you have any queries about this, or work for another employer and have questions about holiday pay, please contact the branch office.
Frequently asked questions:
1. What does ‘Claims Holiday Pay’ mean on my payslip?
Claims Holiday Pay is additional holiday pay that you are entitled to because you:
- are required to regularly work and are entitled to claim for overtime and/or additional hours and/or:
- Claim allowances like standby and sleeping in that are linked to your job.
You have qualified for this by working/claiming these at least once a month for three consecutive months.
2. How has my extra holiday pay been calculated?
It is a percentage of the amount you have claimed based on the 20 days statutory holiday for which you are entitled to this payment.
3. How do I get additional holiday pay?
You only qualify for this if – for three consecutive months – you:
- Are required to regularly work and are entitled to claim overtime and/or additional hours.
- Claim allowances like standby and sleeping in that are linked to your job.
Once you have qualified you will receive payment based on your claims.
4. Why do I have to work for three months before getting additional holiday pay?
The law says you have to be required to regularly work overtime and/or additional hours or carry out other duties linked to your role such as sleep-ins or standbys. UNISON has agreed that regular means for three consecutive months.
5. I work overtime/additional hours and I am entitled to claim, why have I not got any extra holiday pay?
You only get holiday pay if you qualify. To qualify you must regularly work and claim payment for overtime/additional hours every month for three consecutive months.
If you are only required to work overtime/additional hours infrequently you will not qualify.
6. When did additional holiday pay start being paid?
From this annual leave year which started on 1 April 2015, but the first actual payment was in June 2015 for April, May and June 2015.
7. Why has my ‘claims holiday pay’ stopped? Why am I no longer receiving ‘claims holiday pay’? Why have I not received ‘claims holiday pay’ this month? Why has my additional holiday pay stopped?
Your additional holiday pay/ claims holiday pay has stopped because last month you did not work and claim payment for additional hours/overtime or allowances linked to your role such as sleep-ins and standby. You are therefore no longer considered to be working and claiming this regularly.
Your claims holiday pay will restart once you have worked and claimed payment for additional hours/overtime or allowances linked to your role such as sleep ins and standby for three consecutive months.
8. Will my claims holiday pay start again (if I work for three consecutive months?)
Your claims holiday pay will restart once you have worked and claimed payment for additional hours/overtime or allowances linked to your role such as sleep-ins and standby for three consecutive months (this is the qualifying period).
9. Do I have to work/claim every month?
Yes, unless you work in a school and are term time only. Term time only school employees have to work/claim every month apart from August when they are on their summer break
10. Why does the amount of additional holiday pay vary? Why is the amount of holiday pay not the same every month?
This is because it is based on a percentage of the amount you have claimed and your claims may vary.
11. What does ‘additional hours’ mean? What are additional hours?
Hours you are required to work over your contracted hours up to 37 hours per week. Hours over 37 are treated as overtime.
12. What is overtime?
All hours you are required to work in excess of 37 hours per week.
13. Am I entitled to claim payment for overtime? Am I entitled to be paid for over time that I am required to work?
You are only entitled to claim payment for overtime if you are required to work extra hours and are paid at spinal column point 30 (currently £26,293) or below.