Holiday Pay

AVENUE

LittleVoice wrote: »

I don't think you have a problem. You don't have to take holiday but when you do you should receive the same pay as if you were working. He just reports having paid you the same amount each week. He shouldn't have to say to SS that it is so much for the time you are actually working and so much when you are on leave.


Though statutory holiday entitlements are described as 5.6 weeks, that equates to 28 days. If you wanted you could take roughly 1 day a fortnight, taking odd days doesn't have to be avoided.

Thanks, so in effect if say we used your example of taking 1 day a fortnight, I would have a usual wage on one week and the next week would include 1 extra days pay. Or if I was taking 4 days hols whilst he was in respite...that week would have to show the usual wage plus 4 days extra pay? Or have I misread you?


I'm assuming then its definitely not possible to average those 28 days holiday pay over 52 weeks to arrive at the same wage each week as that is how we would actually prefer to do it.


I was hoping there might be a clause that would allow this for family situations/members or simply for an employee & employer who both wanted that.


I can't quite understand why its not allowed under those circumstances?


Many Thanks.

specialboy

OP, are you trying to get paid instead of taking holidays? In effect be paid for working 46.4 weeks, paid for being on holidays for 5.6 weeks and then paid again to provide cover for yourself?

AVENUE

specialboy wrote: »

OP, are you trying to get paid instead of taking holidays? In effect be paid for working 46.4 weeks, paid for being on holidays for 5.6 weeks and then paid again to provide cover for yourself?

No quite the opposite in fact. I was not wanting to take my full holiday entitlement actually as I prefer to spend my time caring for him and because he and his Mother need a very flexible working arrangement its better to have me as the sole "paid" carer as I'm able to do that.


My Sons care package though will cover the 28 days standard holiday pay so if I didn't take those days it would reduce his care accordingly I think.


However as my son does have 28 days respite care per year I think the best thing for me to do is to declare/take my holiday dates when he is in respite care, that way it seems to cover things from his point of view, mine and hopefully SS too.


Many Thanks.

specialboy

You can be paid an equal amount each week and still take your hols when he is in respite

AVENUE

The way his respite works is he usually goes for 3 or 4 nights at a time spaced out over the year. So I would prefer also to take my hols then just in the same 3 or 4 night breaks as obviously I'm not needed to care for him at those times.


As the bulk of my Care is also carried out over 4 days, effectively I'd still be working almost my usual hours over the course of a 7 day week even when he was in respite. We are always flexible on which days I need to work and which days his Mum will cover.


So can I use my holiday entitlement in this way as this is a mutual agreement and would it effect how we put things through payroll?


Many Thanks.

AVENUE

I guess I'm confusing myself really, basically what we are wanting to do is to pay me the same weekly wage each week for 52 weeks of the year.


I'm not really interested in having 28 days holiday.


But If I don't take my 28 days holiday entitlement is it just the holiday entitlement I lose and not the actually pay. Or by not taking my 28 days holiday am I going to be losing 28 days pay each year.


And if I do have to take the Holiday Entitlement otherwise lose 28 days pay, can I take those holidays when he is in pre planned respite care?


Many Thanks.

getmore4less

You are over complicating a bit but the flexibility does not help make it easy to use standard weeks.

one way to get round this could be an annual hours contract averaged over the year.

Then just record hours worked hours holiday.

Term time contracts are a variation of this type where pay is spread but hours worked/holiday are not.

Check the insurance cover requirements as well as any social service record keeping

specialboy

I earn £X each week wether I am working or on holiday, it's not hard OP to just pay you the same wage each week and take holiday as and when it suits both you and your son in law, as above says, you are over thinking things.

London50

I agree with above, you are not working for a company, you in your role as a carer being paid by your step son is an agreement that the pair of you can come to without any outside pressures. Nobody IMO can be forced to take a holiday in the position you are in and at the end of the day other than you and the person you are caring for will be any the wiser as to how you have any breaks at all {ie if you choose to take a 3 hour lunch and 2 30 min tea breaks each day for your pay that is between you and your step son}
I admire your dedication but you are overthinking a problem that IMO is not there. Just choose yourself what suit both of you and do that. When I worked I was employed by a company that paid my xyz per week/month and when holidays came around my wages were paid while I was away but they were able to contact me and request that I came into work if needed, as luck for myself this did not happen very often but on the times it did I was not paid extra or given time off for that as it was in the contract. I was happy with that and so were the company and no one stated that what was happening was wrong or against any laws. If you are happy to work 365 days a year without any breaks that isyour choice not anyone elses :0)

AVENUE

Thanks all, yes your probably right that I'm over thinking this, but with his funding coming from SS was just double checking and trying to get reassurance that they would not insist on me having to take the statutory 28 days hols if I didn't want to.


Many Thanks.