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We have a support worker in our group to work with a SEN child, she is employed termly and the playschool pay her wages and then claim the money back from the LEa. she says she is entitled to hoilday pay but the LEA said she is not. Can anyone tell me if she is. She works four - two and half sessions a week

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As far as i know, everybody is entitled to holiday pay.I have 2 children in my group with SEN. They both have 1:1 helpers who are funded by the Wales PPa. I also pay their wages each term and am then reimbursed. Holiday pay is included in the lump sum that arrives at the end of each term from the PPa.

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This is a very vexed question, and I think the answer might lie in the 'term-time' contract. Who is her contract with - the group or the LEA?

 

There may be a difference between being employed as an Inclusion Assistant for a particular child, and having a contract which runs for only a term at a time, and being employed by the pre-school on an open-ended contract.

 

I thought these term-at-a-time contracts were no longer in operation, but maybe it differs from area to area.

 

If in doubt, I'd advise her to ring ACAS (or look at their website). ACAS run a helpline for both employees and employers to ring to check the legal position over disputes such as this.

 

If they don't know the answer, no-one does!

 

Maz

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I have a friend who is a teaching assistant in Reception, and is employed for only two terms a year. With the end of the school year coming up, she is unsure whether she will need to be re-interviewed for the next Reception post in January.

 

As far as I know, these posts have no holiday pay, since they are fixed term contracts. I will check with her when I see her next, but it could be that if the LEA has fixed term contracts like these for schools, they operate the same kind of contract for Inclusion Assistants.

 

Doesn't seem fair is this is the case, though.

 

Maz

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