Term-time role - entitled to holiday pay?

Burnley_Lad

My wife is currently waiting to find out from her employer if she is able to just work term-times, as it is not financially beneficial to work in the school holidays and pay out for childcare.

Would she still be entitled to holiday pay as a term-time worker?

Thanks

Takeaway_Addict

yes but she may be forced to take it in non term times

ableandy

Yes she will be. Take a look at this guide:

https://www.unison.org.uk/upload/sharepoint/On%20line%20Catalogue/20925.pdf

Burnley_Lad

Thanks for your replies - when you say 'take it in non-term times', does that mean taking it when she is not being paid i.e. school holidays, or would she be entitled to receive the equivalent pay in addition to her salary?

~Beanie~

Burnley_Lad wrote: »

Thanks for your replies - when you say 'take it in non-term times', does that mean taking it when she is not being paid i.e. school holidays, or would she be entitled to receive the equivalent pay in addition to her salary?

It would depend what her contract said. Some places (including where I work) divide the annual salary by 12 and pay term-time staff the same amount every month, including the months they don't work. Holidays are included in this calculation so they don't get any extra.

Burnley_Lad

Sorry to bring this up again after four weeks, but the issue is not yet resolved.

My wife's boss has advised my wife that she has got a legal person to have a look at it - are there any exceptions for anyone not accruing holiday entitlement?

duchy

There's no question she'd accrue it -pro-rata of course.
The question is if she'd be able to take that time off in term time or if it was tacked onto school holiday dates so her annual earnings would actually be higher.

Eg contractual hours of 39 weeks a year (and annual leave pro-rataed and would be taken during the contracted (eg term time) weeks
OR
Contractual hours of say 43 weeks -comprising of 39 school weeks and 4 non school weeks -and she'd take all her vacation time (or the majority of it) in non school weeks.

Option 2 she obviously earns more money but has fewer "spare days" for any days she needs to be at home like child sickness, Baker days, waiting in for workmen or deliveries etc in term time.

Sounds like the company has no set formula so maybe go back with the best proposal for your family. The delay might be because no-one has actually clarified what term time actually means.

Option 2 is what most companies do -the above poster mentioned getting paid over 12 months- mostly that's educational establishments rather than commercial businesses as most staff are term time only.

Burnley_Lad

Thank you very much for your detailed reply. It seems my wife's employer (a local children's nursery, privately run) has not encountered this situation before, and thought that if my wife went term-time only she would not be entitled to holidays.

Takeaway_Addict

Burnley_Lad wrote: »

Thank you very much for your detailed reply. It seems my wife's employer (a local children's nursery, privately run) has not encountered this situation before, and thought that if my wife went term-time only she would not be entitled to holidays.

It's a very unique situation to employers, so go easy on the employer, especially as they don't have to agree to term time employment.

duchy

In that case option 2 might be very attractive to them .

As it is a nursery I'd think about a written proposal detailing the process (and entitlements)and advantages to the business. Make it easy for them to say yes

duchy

dupe..................................