Term-time working & holiday

thelawnet

milliemonster wrote: »

I appreciate that but for working out statutory holiday entitlement it is based on a full year, Ie 52 weeks, your wife works term time only so her statutory entitlement will be based proportionally on that.

I don't think it works like that. Here's an example:

https://www.admin.ox.ac.uk/personnel/during/leave/holiday/calculation/term/
"In many cases employees working on a term time only basis are not allowed to take, during term time, the annual leave that they are entitled to, but the hourly rate of pay that they receive takes account of this entitlement. In order to comply with the Working Time Regulations, therefore, those employees working on a term time only basis must be allocated a nominal week at the end of each term that they work to enable them to take their due paid holiday entitlement over that week. This additional week does not involve 'extra' pay as total salary due is related to the hours actually present at work over the term and in that calculation the hourly rate includes allowance for pro rata holiday entitlement earned each hour, and the same total accumulated salary is simply paid out over the period of term plus one week rather than term only. The extra week represents paid holiday, as total salary will be spread out over that week which is therefore a paid week."

In other words, the term-time-only worker is in effect 'working' during part of the holidays, in order to allocate his holiday entitlement.

The working they use is:

* 365 days in a year
* minus 104 weekend days
* minus 28 days paid holiday (they give 38, but it's the same principle)

Which is 233 days. My wife works 210, so her holiday entitlement is 210/233 * 28 = 25.2360 days

Southend1

What about bank holidays? If her workplace is closed on bank holidays and there are more than she is entitled to pro rata then the time may be deducted from her annual leave allowance.