Frontpage / Temporary layoff / Annual holiday or bank holidays during a temporary layoff
Annual holiday during a temporary layoff
You may take your annual holiday during a temporary layoff. Your employer will pay you your normal wages during your annual holiday. If you are paid holiday pay based on full-time wages, you are not entitled to a daily allowance for the holiday days.
If, on the other hand, your salary is based on part-time wages, the daily allowance will be paid as an adjusted daily allowance. Wages are taken into account in different ways, depending on the type of layoff.
Example
You are temporarily laid off full time for 1 week and take some of your annual holiday in the second week. The annual holiday salary based on part-time work is settled during the adjustment period in which the salary is paid, and
your working time is also reviewed per calendar week. You will be paid a full daily allowance in the first layoff week. You will receive an adjusted daily allowance for every day of the calendar week for which the pay date falls.
Example
You are laid off to a shortened work week the first week and take some of your annual holiday in the second week. You are paid holiday pay based on part-time wages, that is wages for shortened working days. The annual holiday salary based on part-time work is adjusted during the adjustment period during which the holiday has been held. You will be paid a full daily allowance for the first week of layoff. You will receive an adjusted daily allowance for every day of the calendar week in which the annual leave based on part-time work has been held. In addition to the annual leave salary, the adjustment takes into account the salary of the working days of that calendar week.
If you work shortened daily working hours during your temporary layoff and receive an adjusted daily allowance, you will also be paid an adjusted daily allowance during your holiday if your holiday pay is based on part-time wages. The adjustment will in this case also take into account holiday bonus in addition to holiday pay, because shortened daily working hours are a criterion for paying an adjusted daily allowance.
Example
You are laid off to a shortened work day the first week and take some of your annual holiday in the second layoff week. You are paid holiday pay based on part-time wages, that is wages for shortened working days. The salary of the annual leave period based on a shortened working day and part-time work shall be adjusted during the adjustment period in which the salary is paid and you will receive an adjusted daily allowance for all days of the calendar week for which the pay date falls.
Bank holiday during a temporary layoff
If you are temporarily laid off on a bank holiday, you may be paid a daily allowance by the same criteria as on any other day. If your employer has paid you a bank holiday compensation equal to a full day’s pay, you are not entitled to a daily allowance for that day. You are also not entitled to a daily allowance for a bank holiday if your employer rules that it is not a working day. If, on the other hand, you receive a bank holiday compensation based on part-time wages, that compensation will be taken into account in the adjustment according to the normal adjustment rules.
It will be considered how your employer has taken bank holidays into account when deducting the pay for your temporary layoff period from the payroll.
Example
In April 2022, there are 21 weekdays in addition to weekends (Saturday– Sunday). Friday 15 April and Monday 18 April are bank holidays. Your salary is € 2,500. In April, you are temporarily laid off for 2 full working days and are off on the bank holidays.
Case 1: A temporary layoff deduction has been made from your salary: € 2,500 / 21 working days * 2 temporary layoff days = € 238,10. Pay for 2 working days has been deducted from your salary, and you will be paid a full daily allowance for the 2 temporary layoff days.
No daily allowance will be paid for the bank holidays, because a bank holiday compensation equal to a full working day has been paid for them.
Case 2: The employer may deduct the bank holidays from the number of working days, which will change your temporary layoff deduction. A temporary layoff deduction has been made from your salary: € 2,500 / 19 working days * 2 temporary layoff days = € 263,16. Pay for 2 working days has been deducted from your salary, and you will be paid a full daily allowance for the 2 temporary layoff days. In this case, the employer did not consider bank holidays to be working days, and they were deducted from the denominator in the equation.
From the perspective of unemployment benefit, the bank holidays are not working days to which the deduction in pay was applied and which would thus cause a loss of income that could be compensated for with a daily allowance. Accordingly, no daily allowance is paid for the bank holidays.