Confused about term time pay and holiday

bex572

Hi,
Hoping someone can help me with this as i'm totally confused!
After my maternity leave in June 2008 i was asked by my employer if i'd like to return on a term time only basis (i'm a nursery nurse). We agreed that i would return 18 hours a week and would be paid in the following way:
18 hrs x 39 wks =702 hours worked p/a x by hourly rate, divided by 12. This gave me my basic salary.
Holiday was calculated at 3 wks, so 3x18=54. x by hourly rate, divided by 12.

I have now been asked if i'd like to sign a 'new' Term Time only contract, in which i'd lose all my sick pay, but be entitled to more holiday pay (4.6 wks).
My question is, is my original holiday calculation correct, despite the increase of holiday entitlement for all in 2009. I have no idea how i'd calculate this, have looked on buisness link, etc but very little info for term time only workers. would be very grateful for any help!

liney

Full time workers get at least 5.6 weeks holiday ie they work 46.4 week per year to accrue 5.6 weeks off.

On that basis if you work 39 weeks ie 84% of the working year (39/46.4) you should get 84% of 5.6 weeks statutory. Ie 5.6/100x84 = 4.7 weeks holiday pay.

That's how i'd work it out anyway

paddedjohn

702 hours worked x 12.07% = 84.7 hours holiday which works out at the same as above , 4.7 weeks.

bex572

Thankyou, i also worked out based on my hours i should be entitled to 84.7hrs.
Not sure what to do now as only being paid for 54hrs? obviously will talk to employer about this but could i claim back pay?

paddedjohn

How many hours per day do you work? How many days? Do you normally work on bank holidays or do these fall on one of your off days?

bex572

i work 6 hours per day, 3x per week =18 hrs
i only work term time so the majority of bank hols fall within the school breaks anyway, but as pay is divided by 12 months i get the same pay per month

paddedjohn

Working 3days per week entitles you to a minimum of 14.1 paid days leave

getmore4less

Sort the holiday out first.

Then look at contract. I would resist any changes in benifits because you are part time.

I suspect having different sick policy for some part time workers may not be legal


You did get all the acrrued holidays for the maternity period