can employers specify when parts of holiday entitlement can be taken?

nannytone_2

getmore4less wrote: »

When you are away you can have them take holiday or unpaid.

Then decide how much extra holiday you want to give them over the statutory minimum.

i only want her to take 2 weeks of my holiday, so that i can afford to employ someone to cover part of the period when she is on holiday.
i am quite happy for her to have the other 2 weeks as additional paid holiday.
with the help of family, i can manage while she's away for a week, but it becomes very difficult when she's away for a fortnight

nannytone_2

tomtontom wrote: »

This is a complete abuse of the Direct Payments system - you're using massively limited public funds to give your friend 51 days holiday, nearly twice the normal entitlement. If you can't sort it out then get an agency to provide your care and deal with employment matters for you.

that is exactly why i asked the question in the first place!
i want to be able to employ someone for the time she's away, but can't afford to do that if I'm paying her while i am away too!

there is no abuse of the system, as i also contribute a significant aamount towards the costs involved

the employment status is entirely above board and i am not paying 'a friend' for taking holidays.
i doubt very much that i would find a 'stranger' who is able and willing to provide what my PA does.

tomtontom

nannytone wrote: »

that is exactly why i asked the question in the first place!
i want to be able to employ someone for the time she's away, but can't afford to do that if I'm paying her while i am away too!

there is no abuse of the system, as i also contribute a significant aamount towards the costs involved

There is no doubt about this being abuse, you're paying out public funds in return for nothing. If you feel you're doing nothing wrong you'll be happy to report this to your SW, won't you?

getmore4less

nannytone wrote: »

that is exactly why i asked the question in the first place!
i want to be able to employ someone for the time she's away, but can't afford to do that if I'm paying her while i am away too!

there is no abuse of the system, as i also contribute a significant aamount towards the costs involved

the employment status is entirely above board and i am not paying 'a friend' for taking holidays.
i doubt very much that i would find a 'stranger' who is able and willing to provide what my PA does.

Stop employing people when you don't need them or have them use the holiday they accrue when they are working.

nannytone_2

tomtontom wrote: »

There is no doubt about this being abuse, you're paying out public funds in return for nothing. If you feel you're doing nothing wrong you'll be happy to report this to your SW, won't you?

both the council and the social worker know about it!
all they say is refer to the 'package' they supplied me with.
there is no mention apart from the fact that i have to, by law, give 28 days paid leave.
i specifically asked if i could ask her to take holidays when i am away... and their answer was ' i don't know!'
that is the conversation that led to me asking the question here.

nannytone_2

getmore4less wrote: »

Stop employing people when you don't need them or have them use the holiday they accrue when they are working.

again, i needed to know the legalities BEFORE i acted.
i was uncertain whether i could expect her to take her holidays when it suited me, or if she was entitled to use them when she decided to

getmore4less

nannytone wrote: »

both the council and the social worker know about it!
all they say is refer to the 'package' they supplied me with.
there is no mention apart from the fact that i have to, by law, give 28 days paid leave.
i specifically asked if i could ask her to take holidays when i am away... and their answer was ' i don't know!'
that is the conversation that led to me asking the question here.

The 28 days(5.6 weeks) would only apply to a full time(in days 5+ days a week) worker.

Yes you can have them take the holiday when you don't need them to work.

nannytone_2

getmore4less wrote: »

The 28 days(5.6 weeks) would only apply to a full time(in days 5+ days a week) worker.

Yes you can have them take the holiday when you don't need them to work.

i was thinking the same with regards to the hours.
but the literature that the councill provides states 28 days paid leave.
she does work 5 days a week though, even thoiugh it only totals 22 hours

getmore4less

nannytone wrote: »

i was thinking the same with regards to the hours.
but the literature that the councill provides states 28 days paid leave.
she does work 5 days a week though, even thoiugh it only totals 22 hours

Hours don't make a difference if they work 5 days a week other than a weeks pay is 22hrs.


Councils and benefits agency are not experts in employment law so will most likely summarise in the literature.

We can only go on the limited info as well so you could be missing something critical.

nannytone_2

i totally understand.
i just don't like Tom saying that I'm abusing the system and assuming that i haven't already tried to get some clarification from the social worker/council

i may technically be an employer, but i nam certainly not running a business and have no more of an idea about the legalities involved than the average person