Q: An employee works three days per week (Mon – Wed).

First week works – Mon between 3.5 – 5.5 hrs, Tues between 3.5 – 5.5 hrs, and Wed between 3 – 4 hrs
Second week works – Mon between 7 – 8.5 hrs, Tues between 5.5 – 7 hrs, and Wed between 3 – 4 hrs.

When a stat holiday falls on the “second week” those hours become Monday as Stat Holiday, Tues works between 7 – 8.5 hrs and Wed between 5.5 – 7 hrs.

How should the BAPS be calculated for the employee, especially where a Stat day falls on the Monday when they would have worked between 7 – 8.5 hours?

In over 6 months they have never worked less than 7 hrs on that second Monday and average for that second Monday is 7.8 hours. ADP works out at 5.6 hours per day.

Employer says they pay ADP as they cannot say what hours would have been worked, and the longer hours are then worked on the Tuesday anyway.

A: If the day cannot be defined through using RDP then ADP must be used.  You must think of it this way ADP provides a rate for leave taken or worked not for hours normally worked by an employee as it is an average (that can be a rate less or even more then the employee normal work ).