Hi all
Sorry if this has been raised before. CAN an employer count holiday as your break? Off today but back in tomorrow and have had 24hr break on Saturday PM and ended Sunday @ 19.00, so therefore I believe my working week will finish on Saturday 19.00 ie 6 cards. Am I correct?
TIA
Annual leave counts as 8 hours per seperate day for RTD (WTD) or if a full week it counts as 48 hours (don’t ask why, it just does) so can it count as rest ? - Hmmm… you are not actually working and can spend the time as you see fit so I would say YES but wait for a site regs GURU to confirm or refute me 
Whether an employer can MAKE you take the time off or MAKE you take it as annual leave is an employment issue and not a regs one.
I suggest you see if there is anything in your employment contract or contact your Union rep (hopefully you have one - I have and they are great for this sort of thing 
) - if you do not have a rep then maybe contact the CAB 
EDIT & ADD -
another thought occured to me.
I think the RTD (WTD) ‘week’ is the same as the EU drivers regs ‘week’ and if so, then a maximum of 60 hours only is allowed in any one ‘week’.
Taking the rest day off as annual leave which is 8 hours for the RTD (WTD) may put you over the max limit.
Only driving & ‘other work’ count for the RTD (WTD) with the exception of annual leave days/weeks
m3ter:
Hi allSorry if this has been raised before. CAN an employer count holiday as your break? Off today but back in tomorrow and have had 24hr break on Saturday PM and ended Sunday @ 19.00, so therefore I believe my working week will finish on Saturday 19.00 ie 6 cards. Am I correct?
TIA
IMHO i don’t think there any rule on that if your off work i would think you can class it as rest,
the only thing i would say is that as you have had a reduced rest on sat the next rest would have to be a full 45 hour rest
m3ter:
Hi allSorry if this has been raised before. CAN an employer count holiday as your break? Off today but back in tomorrow and have had 24hr break on Saturday PM and ended Sunday @ 19.00, so therefore I believe my working week will finish on Saturday 19.00 ie 6 cards. Am I correct?
TIA
The number of cards has no bearing - a weekly rest must be taken at or before the end of 6 X 24 hour periods (144 hours) from when the last weekly rest finished -
Example -
Start 0600 Monday (after weekly rest) must start next weekly rest at or before 0600 Sunday - as long as daily rests, driving hours and all the other regs are complied with then you can do what you want between 0600 Monday and 0600 Sunday
m3ter:
Hi allSorry if this has been raised before. CAN an employer count holiday as your break? Off today but back in tomorrow and have had 24hr break on Saturday PM and ended Sunday @ 19.00, so therefore I believe my working week will finish on Saturday 19.00 ie 6 cards. Am I correct?
TIA
You haven’t given enough information to answer fully but based on what you have said I see it as follows.
If the reduced rest which ended at 19:00 Sunday was the only rest for last week, you didn’t also have a rest of 45 hours for example, then you will have to commence a regular weekly rest by latest 23:59 Sunday otherwise you will not have a regular weekly rest counting for this week, assuming teh period from finishing work and resuming either side iof your day off didn’t total at least 45 hours.
If you did have a regular rest last week, or the period over your day off this week was at least 45 hours, you can do 6x24-hour periods from when you start tomorrow before another weekly rest is required.