Ep 24 – Judge Rules to Include Overtime in Holiday Pay

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Here are today’s HR and workplace news headlines from Workology Go Podcast. I’m Jessica Miller-Merrell. The Workology Go Podcast is sponsored by HSA Bank.

Ep 24 – Judge Rules to Include Overtime in Holiday Pay

It’s summertime and that means vacation season which as an HR leader lends to a lot of confusion when it comes to time off for vacation, PTO or holiday time. You’re probably a master like me in stretching your holiday time and vacation hours allowing you the least amount of vacation use giving you that 4 or even 5 day weekend.

All these summer holidays create a lot of confusion for employees who aren’t familiar with policies, procedures, and how your holiday or vacation time is counted in your holiday pay. Every summer holiday season on Workology we get hundreds of messages, emails, and tweets from employees who have questions about holiday pay.

In today’s featured article, we tackle the subject of holiday pay.

In 2017, in Flowers and others v East of England Ambulance Service NHS Trust, ambulance workers claimed that two types of overtime – “non-guaranteed” overtime taken when their shifts overrun and any voluntary shifts they choose to take in advance – should be included in holiday pay calculations. In a decision coming from the UK, a judge out of England and Wales Court of Appeal found that workers were entitled to overtime pay.

The ambulance staff took their claim to the EAT, which ruled that voluntary overtime should be taken into consideration in addition to non-guaranteed overtime. However, it referred individual claims back to the employment tribunal for a case-by-case assessment to determine whether the voluntary overtime was regular enough to be considered part of their normal remuneration.

Al this just lends to the confusion around vacation time and overtime pay. Today’s featured article comes from Personnel Today.

Include Regular Voluntary Overtime in Holiday Pay, Judge Rules

In my HR career, I’ve dealt with a lot of different types of compensation especially sales compensation which caused all kinds of drama and confusion. It’s up to us as HR leaders in our organization to communicate, educate and share with our leaders on how compensation, overtime, and vacation time is calculated. It is our responsibility.

I want to read to you a few of the comments that have come into Workology over the last few weeks on the subject on time off and holiday pay. I know we are business leaders, but these employees are reaching out to me on Workology in a last-ditch attempt to find clarity on the subject which is why I am suggesting we revisit again the policies with our employees.

My family lives too far to be able to visit over a single weekend. Therefore I could never work for a company that doesn’t allow time off (whether paid or unpaid) during the first year because I just cannot accept the idea of not seeing my family for that long. By having such a rigid policy you will be arbitrarily excluding people whose families live far away and will be losing out on good employees.

Not allowing more than 2 days off in a row also throws under the bus people like me because 4 days off in a row (2 unpaid + weekend) is of no use given the distance I have to travel to see my family. Those policies are heavy handed and fail to understand the needs of people who have moved away from their home state/province.

I an in California. Can an employer place a cap or limit the amount of unpaid personal time off that a person takes.

I am a non exempt salary employee, but because the production area of my company is being shut down on a Friday I am being told to take the day off and either use my vacation hours to get paid for that day or note it as a no pay day on my timesheet. Since this was not a day off on my accord should I have to make that decision or should I get paid for the day regardless since I am salary?

These are just a few of the messages I receive on this topic, and employees are emailing a website sharing intimate details about their employment to a complete stranger on the internet.

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Include Regular Voluntary Overtime in Holiday Pay, Judge Rules

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Jessica Miller-Merrell

Jessica Miller-Merrell

Jessica Miller-Merrell (@jmillermerrell) is a workplace change agent, author and consultant focused on human resources and talent acquisition living in Austin, TX. Recognized by Forbes as a top 50 social media influencer and is a global speaker. She’s the founder of Workology, a workplace HR resource and host of the Workology Podcast.

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