term time working and holidays.

kurjam

my friend as been offered a job working 16 hours a week in term time only,
can someone please advise what holiday entitlement she will get ( she has bank holidays off as well)
i looked at direct gov.uk and did there calculation and it says 25 days, surely that can not be right ??
thank you

DCFC79

There is a calculation you can use to work it out but cant find it at the minute

Owain_Moneysaver

From direct.gov.uk:

• you are entitled to a minimum of 5.6 weeks paid annual leave (28 days for someone working five days a week)
• part-time workers are entitled to the same level of holiday pro rata (so 5.6 times your usual working week, eg 22.4 days for someone working four days a week)

The holiday entitlement of 5.6 weeks is equivalent to 12.07 per cent of the hours you worked. The 12.07 per cent figure is:5.6 weeks' holiday, divided by 46.4 weeks (being 52 weeks - 5.6 weeks) multiplied by 100 = 12.07 per cent
The 5.6 weeks have to be excluded from the calculation as you would not be present during the 5.6 weeks in order to accrue annual leave. For example, if you had worked 10 hours, you would be entitled to 72.6 minutes' paid holiday:
12.07 per cent x 10 hours = 1.21 hours = 72.6 minutes
The holiday entitlement is just over seven minutes for each hour worked.

kurjam

direct.gov.uk says this for term workers.....
Term-time workers

If you only work term-time your holiday arrangements will depend on your contract of employment. If you work a reduced number of weeks during the year, you accrue a pro-rata entitlement to paid leave. You need to calculate how many hours a week you work on average over the whole year, then multiply this by the holiday allowance.
For example: your contract is for 40 hours a week for 40 weeks of the year, 40 x 40
Step one: multiply your weekly contracted hours by the number of weeks you work:

40 hours x 40 weeks = 1,600 working hours for the year
Step two: calculate the average hours you work each week by dividing your hours for the year by 46.4 (which is 52 weeks in the year minus the 5.6 weeks you would be on holiday and so not working to accrue annual leave):
1,600 hours divided by 46.4 weeks = 34.48 average hours a week
Step three: multiply your average working week by the holiday allowance:
34.48 hours x 5.6 weeks = 193.09 working hours' holiday allowance a year
Step four: if you want to convert this into holiday days, then divide again by the number of hours per day that you work.
Taking your leave

If you work your full 1,600 hours and take your holiday at other times (eg during school holidays) you accrue holiday on the whole 1,600 hours which equals 193.09 hours.
If your contract of employment requires you to take your holiday during term-time, you accrue holiday on the weeks (or hours) you actually work.

kurjam

Owain_Moneysaver wrote: »

From direct.gov.uk:

• you are entitled to a minimum of 5.6 weeks paid annual leave (28 days for someone working five days a week)
• part-time workers are entitled to the same level of holiday pro rata (so 5.6 times your usual working week, eg 22.4 days for someone working four days a week)

The holiday entitlement of 5.6 weeks is equivalent to 12.07 per cent of the hours you worked. The 12.07 per cent figure is:5.6 weeks' holiday, divided by 46.4 weeks (being 52 weeks - 5.6 weeks) multiplied by 100 = 12.07 per cent
The 5.6 weeks have to be excluded from the calculation as you would not be present during the 5.6 weeks in order to accrue annual leave. For example, if you had worked 10 hours, you would be entitled to 72.6 minutes' paid holiday:
12.07 per cent x 10 hours = 1.21 hours = 72.6 minutes
The holiday entitlement is just over seven minutes for each hour worked.

this is for part time workers, not term time !!!
i have posted what direct.gov.uk say in my other post, still confusing though

jdturk

I would presume she is not allowed to take the holiday's during term time anyway so what does it matter?

If it is to work out the pay she needs to look at her contract and see whether the pay includes her holiday pay

Reggie_Rebel

kurjam wrote: »

my friend as been offered a job working 16 hours a week in term time only,
can someone please advise what holiday entitlement she will get

Same as teachers by the looks of it, thirteen weeks

Savvy_Sue

the difference is that many teachers are paid for 52 weeks per year, whereas it doesn't sound as if this job would be paid like that.

It's not an easy question to answer: the OP's friend needs to find out whether she would be allowed to take ANY holiday during term time, or whether her holiday pay would be paid, but she'd be taking it all when she wouldn't have been working anyway.

Also she needs to check whether she'd be paid the same for 12 months per year, or only paid during term time.

kurjam

Savvy_Sue wrote: »

the difference is that many teachers are paid for 52 weeks per year, whereas it doesn't sound as if this job would be paid like that.

It's not an easy question to answer: the OP's friend needs to find out whether she would be allowed to take ANY holiday during term time, or whether her holiday pay would be paid, but she'd be taking it all when she wouldn't have been working anyway.

Also she needs to check whether she'd be paid the same for 12 months per year, or only paid during term time.

she will get no holidays in term time, she will be paid for bank holidays, but not paid for the 13 weeks (school holidays) that she will be off...

kurjam

so should she still get paid for some of the 13 weeks that she is off ??

Savvy_Sue

kurjam wrote: »

so should she still get paid for some of the 13 weeks that she is off ??

Yes, I think so. I'd use the 12.07% calculation, then deduct the bank holidays.