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Holiday Entitlement


SazzJ
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Hi everyone

 

Can anyone please tell me what my holiday entitlement should be?

 

I am not sure if we get any or even get paid for them. I work term time only 8:45 to 12:45 (4 hrs a day) Monday to Friday.

 

Our wage is spread out over 12 months and works out to be for myself £600 a month.

 

Would appreicate any help as I don't know what we are supposed to get or if we get any at all.

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Hi

Have worked it out using thie doc attached as approx 96 hrs per year.

What is your hourly wage? Then I maybe be able to tell you if your holiday pay is also being rolled up (first instinct seems that £600 is too low to be inclding holiday).

By law they have to pay you 5.6 weeks pro-rata ie taking into account that you only work term time.

 

Hope this helps.

x

holiday.pdf

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Calculating your wage

 

20 hrs per week x 40 weeks worked per year = 800 hrs per year

 

£600 per month x 12 months = £7200 per year

 

7200/800 = £9 per hour

 

If this is your hourly wage then you are not being paid holiday pay

 

(Hope this is right?!!)

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Below is a table (sorry hasn't copied as a table but the calculation is right) I use to calculate holiday pay based on information from the PLSA. I have it in Excel so that the figures are automatically calculated when you input the data. Column D is 52 weeks per year less the holiday entitlement of 5.6 weeks, so 46.4 weeks. We pay all the holiday pay in August which staff are happy with because they get paid in August. At all other times we are paid for what we work each month.

 

Hope this helps.

Holiday Pay Calculator 2010-2011 (fictional)

 

Name Deb

 

A No of hours worked per week 25

 

B No of weeks worked per year 39

 

C Total no of hours per year (A x :o 975

 

D C /46 .4 (975 divided by 46.4) 21.01

 

E No of holidays hours 5.6 x D 117.67

 

F Rate of pay £10.00 per hour

 

Total holiday pay due per year (E x F) £1176.72

Edited by Deb
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it works out at 4.58 weeks holiday pay you should get. My girls are on term time only so they get paid 38 weeks plus 4.58 weeks. this is then divided by 12 months. everyone is entitled to holiday even casual staff which really is hard to work out.

 

Buttercup

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it works out at 4.58 weeks holiday pay you should get. My girls are on term time only so they get paid 38 weeks plus 4.58 weeks. this is then divided by 12 months. everyone is entitled to holiday even casual staff which really is hard to work out.

 

Buttercup

 

Our previous treasurer who is a part qualified accountant left me with these words of wisdom regarding holiday pay:

 

If staff only work term time calculate their holiday entitlement as 12.07% of their hours worked.

 

This is roughly the same as the complicated calculation for full time staff of multiplying the number of weeks worked by the contracted hours these is your yearly total (A)

 

divide (A) by 46.4 to calculate the average working week (:o

 

Multiply (xD by 5.6 which equals the total number of holiday hours payable for the period.

 

I have a spread sheet which calculates both ways the and difference is nominal. We pay holiday pay 1 week at christmas and easter and two weeks in the summer, although we are looking at giving more flexibility to the staff regarding this.

 

Hope this is of some help.

 

Lisa

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  • 1 month later...

Still struggling to get my head around this and now being told I am not entitled to holiday pay by the committee.

 

I work 20 hours a week for 39 weeks of the year and have a monthly salary of £600 a month or £7200 annually.

 

My hourly rate is around £9.23 an hour ish (I think) It's between £9 and £10 ish I know.

 

Doesn't help that i go on maternity in April/May either lol

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Well I don't know who is advising your committee but legally they do have to pay you holidy pay - as others have stated it is an extra 4.58 weeks ( think thats the right figure) on top of your 39 weeks pay, spread over the 12 months. I pay my term time staff this rate, and I have tertime who work 16/20/25 hours all of whom get the same holiday entitlement based on thier hours. I suggest you download the info from the ACAS website about holiday pay and present them with it or talk to somebody at the CAB or other advice centre about this and your maternity pay. :o

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Time they looked up their legal obligations.. everyone even casual workers are entitled to holiday pay!

 

It makes me very angry when I hear of employers not giving it..( had a big disussion on behalf of a friend who was not getting it with her employer on her behalf as she felt she was not 'strong' enough to do it.. she left them in hte end but did get the holiday pay entitled to before she left!)

 

a few links for you to print off and give to them, the maternity leave has no impact on the holiday pay entitlement.. and it has to be paid at a time you are off.. so you would end up with the 38 weeks pay Plus the 5.6 weeks pay making 43.6 weeks pay in a year.. think there is an adjustment they can make for the fact that you dont work all year, but not sure of the calculations.. one of the sites I give may help with that... and it is not just you but all staff no matter what hours they work that should be getting it...

 

Direct gov. holiday pay the basics

 

Acas Holidays and holiday pay leaflet

 

Business link, know how much holiday pay to pay your employees.

 

Most have something you can print off to give them.. and if they don't listen you need to take this further, ACAS were helpful when I needed help for my friend..

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If you only work term time you don't get the full 5.6 weeks, but get holiday on a prorata basis. We use the 12.07% system - this gives the correct holiday entitlement e.g if someone works for 39 weeks for 20 hours each week, their total hours worked is 780 - to calculate the holiday pay on top use 12.07% giving an additional 94.14 hours holiday pay.

However we find it better to pay out 3 times a year at the end of Autumn/Spring and Summer terms to spread the cost, using the actual hours that each person worked during those periods.

 

As previous posts, holiday pay is a legal requirement for all employees even if they are part time.

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Just posted in my other post too

 

Been informed today that...

 

1) Contract stated no holiday pay

2) teachers don't get it and we work the same as schools

3) were not entitled to any because we get paid over 12 months as opposed to just 39 weeks

 

 

So annoyed with this because I know I am entitled to it!!!!!

 

94 hours totals £867 a year extra for me!!!!

 

Really don't know where to start with this.

 

I've been there 2 years too, deputy 3 years and one of the assistants has been there 4 years.

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Have you got an advisor who might be able to speak to the committee on your behalf?

They are breaking the law and if you chose to, you could get them into big trouble.

Ask them for a break down of your pay the exact hourly rate, the hours per week and the weeks per year. If its their figures they cant really ignore the fact there is no holiday and then you can show them everything you've found out.

 

The legal minimum

Under the working time regulations 1998 (as amended) workers (including part timers and most agency and free lance workers have the right to 5.6 weeks paid leave each year (from April 2009)

 

taken from this

 

Your contract cant be used as proof you dont get holiday pay all that does is confirm they are denying you a legal right.

Edited by Rea
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1) Contract stated no holiday pay

Contracts have to be legal though, and clearly not giving you holiday pay is illegal. Your setting is skating on very thin ice here and you need to get yourself some legal support.

 

If you haven't already had a written response, I think I would start by putting my concerns in writing to the committee asking them why you are not getting any holiday pay. Once you have their response in writing you can decide which route to take in order to resolve this situation. That won't stop you from obtaining advice in the meantime of course, but in order to bring a case against them you will probably need clarification from them of their understanding of your situation, and their obligations.

 

Good luck!

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