Resolved Question

Saturday & Sunday count as holiday days?

My wife is a Care Worker, thus can be required to work weekends. She gets 28 days per year holiday entitlement, which is normal. However, if she books 2 weeks holiday, her employer says that ALL of the days over the two weeks are counted as days taken off = 14 days. At my company it only counts as 10 days (Monday - Friday per week taken). Is this correct/allowed? Her holidays being taken are surely being based on a 7 day working week, which I am sure is illegal. Could anyone please advise, and include a possible link to legal literature? Thank you.

Best Answer - Chosen by Asker

If your wife's working hours are based on a 5 day/37-40 hour week then a week = 5days work and 2 days off, regardless of shift and weekend working. In that case, 2 weeks holiday is 10 working days.

More info on her rights and her employer's responsibilities here: http://www.direct.gov.uk/en/Employment/E…

I suspect the issue is with one or two line managers not fully understanding how this works themselves - I'd advise your wife to talk to THEIR manager or the HR dept (if the company she works for has one) to get this clarified. If you still think they've got it wrong, then ACAS (linked from the direct giov site) is your best bet to take things further.

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Other Answers (6)

• My daughter is a care worker and works all those weird hours and shifts but when she takes holiday it is classed as a week is 5 days just as you stated, unless her contract states that she is employed weekends but whatever days it is it is still 5 days. Contact the Care Commission and check with them. Hubby works a 7 day week night shift but when he takes holidays he only gets and is paid for 5 days.
• Well then your wife shoudl say , I only want monday to friday off, then it would have to count as 5 days, Then ask again for the next monday to friday,
  
  I DOUBT IT WILL BE COUNTED AS A HOLIDAY, i think her employer will win any debate about this. Saturday and sunday are NOT Counted as holiday. I am pretty sure about that. The only way to get out of it, is the answer i provided above.
• ACAS or the CAB are probably your best sources of advice. It will probably depend on your wife's contract of employment, say she is employed to work 5 days out of 7 on a shift system then to take a week of will 'cost' 5 days leave. You don't have to take leave for scheduled days off.
• i am guessing your wife only works 5 days out of 7 so 2 weeks holiday should be 1o days holiday and 4 days off. What country are you in?
  It sounds like they are trying to get her to use up her holiday, if you are in the UK contact ACAS
• if saturday and sunday are her working days then yes she has to include them as holiday days when booking time off. Its not illegal
• Thats outrageous... and I am sure that is illegal! Unless its in their contract.