Question:

 

I have a contract for 20 hours a week and have worked for 3 years.  

Each year on my anniversary I get an entitlement of 4 weeks at 20 hours per week,  but since I have been with the company I have worked 32 hours per week (sometimes more)

Whenever I take leave (of any type) I am paid at the higher hourly rate of the calculation last 4 weeks versus last 52 weeks.

 

Our contracts are set up to give us the entitlement due based on our “regular” hours rather than our “actual” hours.

 

Can I claim  all the hours that I should have been entitled to if I had a contract for 32 hours per week.  In my case I should of received 128 hours of annual leave per annum and not 80.

If yes, would I have to reimburse the company for all the $ they have paid me at the higher rate of pay.

 

Answer:

 

The calculations are based on actual hours not regular hours so you have been paid less than the act.  That would then mean you could approach your employer for a payment in line with the requirements of the Holiday Act.  The higher of the rates are as per the act so I cannot see you would be liable for a repayment.

If you have problems contact the DOL and they would be able to assist in this matter.