Direct Payments and holiday pay

nannytone_2

missbiggles1 wrote: »

So she picks up a few basics for you while you're away and while you're paying her normal salary for the whole week and you think she's doing you a favour? You need to stop thinking of her as a friend and remind yourself that this is a business arrangement and one that is paid for out of public funds.

did you actually read the post i responded to before deciding to open your trap?

it was 'suggested' that she could take me and pick me up and get some bits in for my return.
i was just confirming that she already does this.
nothing to do with me or anyone else thinking that this was sufficient for a weeks pay!
why don't you go and knit some sherries instead of putting in you 2 pennyworth without any of it being in the slightest constructive

nannytone_2

cattermole wrote: »

Its a difficult line to tread between friend and professional carer I do understand that. However whether she does it on purpose or not you need to think of it on a more formal footing especially if you are now needing the help more when she isn't there and is on holiday.

You should have enough money to cover holiday pay even with paying her when you are not using her for 3 weeks, its because of the hourly rate you are paying, too much not much you can do about that now except do shut down weeks.. Because if you didn't go away those 3 weeks you would still not have enough to pay 28 days to someone else when she is away.

I can dig up a contract of employment for you if you want me to? Tailor it to what you need and then you can sit her down and explain that legally there has to be a contract of emplyment, and 2 of the 3 weeks away will have to be shut down and the other week hours will have to be made up. It still leaves her 3 and a half weeks flexible holiday. If she knows well in advance when those 3 weeks are you are going away and 2 she has to take as holiday then it is perfectly fair.

Just say as I suggested the Council are being more thorough and you have no choice etc etc.

Also without a contract of employment if anything did go wrong then you would be up the creak without a paddle. Trust me you never can tell what even the most trusted carer might do. Fish insurance would not cover it either without a contract.

ive come to the same conclusion myself.
a contract of employment would be great if its not too much trouble

cattermole

Not at all I'll sort it and and be in touch over next couple of days (Thursday if that's OK?) for all the info. X

micky2phones

nannytone wrote: »

[ive looked through all the 'bump' that i received from the council and can't find the answer, so wondering if anyone here knows.
My PA receives 28 days of paid holiday every year. But 2 or 3 times a year, I go away for a week to visit family and friends. she puts me on the train and picks me up on my return.

it works out that this year ( april 14 - april 15) she will have had 51 days paid holiday of you include the time i have spent away.
am i allowed to ask her to take some of her holiday when i am away or is she allowed to choose all the holidays she wants to take?

i only ask because some factories have 'shutdowns' during the summer, at which time employees HAVE to take 2 weeks of their annual leave entitlement/B]

Hi, just wanted to say that my 30 plus years in factories the two
week shut down didnt happen lots of times due to orders to finish.

Machines to be repaired, painting,deep cleaning etc to be done.

There was always someone there to do it for the money.

Back to your problem Nannytone, i think a chat with your PA will sort things out, she seems nice and you are switch on and know what you need.

Flower8470

Use Acas website. sorry this post won't let me post links

Advice and guidance > rights and resposibilities at work > time off > holidays


You can set the times that workers take their leave.

By law a written contract is required and must be given to employees by the employer no later than two months after the start of employment.

nannytone_2

thanks again to everyone that made helpful comments
it is no sorted out.
my PA went to the canary islands for 2 weeks ( lucky moo!) and i really struggled while she was away, despite friends popping in most days.
it prompted a big rethink on my part.
i have been paying her the maximum amount that i could whilst covering all the costs ( payroll, NI, insurance etc) and so apart from the 'extra' holiday she was gaining, i also couldn't afford to employ anyone else.
so we had the 'talk' and she has agreed that she will take 2 weeks of her holiday entitlement when i am away and will take any extras unpaid so i can employ someone else to cover periods of longer than a week.
everyones happy

mum2one

Glad you got all sorted, xx

specialboy

2 weeks, as an employee she is entitled to 5.6 weeks minimum, your finances should be no concern of hers and it is upto you to ensure she gets the legal minimum.

nannytone_2

specialboy wrote: »

2 weeks, as an employee she is entitled to 5.6 weeks minimum, your finances should be no concern of hers and it is upto you to ensure she gets the legal minimum.

you obviously haven't read the thread from the beginning.
she gets her 28 days, but was getting addition paid holiday when i am away ( up to 21 days a year in total!)
i have told her that she now has to take 10 of her holiday days to coincide with my holidays.
that leaves her 18 'free' days, and she can have additional time, but unpaid, which will leave me the funds to employ someone else to cover her absence.

specialboy

nannytone wrote: »

you obviously haven't read the thread from the beginning.
she gets her 28 days, but was getting addition paid holiday when i am away ( up to 21 days a year in total!)
i have told her that she now has to take 10 of her holiday days to coincide with my holidays.
that leaves her 18 'free' days, and she can have additional time, but unpaid, which will leave me the funds to employ someone else to cover her absence.

I have read the post from the beginning but from your later post it looked like you had agreed to allow her only two weeks leave and the rest as time off unpaid. That's how it reads to me anyway.