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Holiday Pay & Maternity Leave


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Hi

 

We are currently calculating holiday pay pro rata for the hours our staff work during term time as stated in the following link....

 

http://eyfs.info/for...attach_id=20366

 

I am currently calculating that for every hour an employee works, they get 7.26 minutes holiday entitlement which is paid in August to avoid having no pay.

 

This year I have an employee who will be on maternity leave from September to March 2016 and she will obviously be receiving maternity pay during this time.

 

My query relates to calculating the August 2016 holiday pay. Since she will be on maternity leave for most of the year her hours will be dramatically reduced and hence her holiday pay will be reduced too. She thinks this is unfair.

 

Has anyone had experience of this? Do I calculate the holiday pay differently for someone on maternity??

 

Many thanks

 

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  • 2 weeks later...

We have always paid August (month 12) as holiday pay, but now have a new payroll company and they want us to move to the way you suggest of 12 payments each to include holiday pay, I'm presuming any overtime/time off will be worked out for holiday pay purposes on a monthly calculation to and sure it has to be shown separately.

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Our wage slips don't show it as seperate payment as its stated in contract how it is worked out then we are covered, however any changes due to holiday pay because of overtime/time off etc is shown as a separate entry as this needs to be shown how it's been discharged to the employee. x

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Out of interest and saving me the trouble, has anyone found out if the the 'right to parental leave' (April 15) makes statements in contracts relating to not being able to take holidays during term time meaningless now ? To phone someone and ask how we'd stand ( I'm thinking not a leg to) has been on the to do list for ages but it isn't getting much higher in the priority stakes at this time of year :/

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Lucky you lynned55, I think it will be of no use either, though it does say you could delay it if 'it would cause serious disruption to the business' and it could cause a huge problem if they decide they want the same time off...there doesn't look like any reason you could say no providing they've given the 21 days notice, I don't think my staff are aware of it yet :/

Edited by Mouseketeer
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But isn't 'parental leave' for emergencies involving a dependent only. So a childcare issue or illness really. It's not for taking 'holiday', but unpaid emergency leave which can't be avoided nor planned in advance. So they still wouldn't be allowed to take holiday in term time, but you wouldn't be able to stop them having the day off for a child emergency, regardless of whether it affects your business or not... :/

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I suppose the only good thing for us term time only is that a week only equates to 4 day week when rounding it up not 5. Think I'm going to pretend I don't know about this till I'm asked ! Saying that not many people can afford a weeks less of wages. :(

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Well it says this: eligible employees can request unpaid leave to do the following

  • spend more time with their children
  • look at new schools
  • settle children into new childcare arrangements
  • spend more time with family, eg visiting grandparents

I certainly wouldnt class any of that as emergencies. Goodness me, looking at new schools!! Visiting grandparents!!

Edited by lynned55
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I suppose the only good thing for us term time only is that a week only equates to 4 day week when rounding it up not 5. Think I'm going to pretend I don't know about this till I'm asked ! Saying that not many people can afford a weeks less of wages. :(

 

I'd like to be in a position (staff/ratio wise) that when someone asks for a day off because of a school training day I can say, yes of course you can take the week unpaid :ph34r:

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Looking into the parental leave further gives many criteria to be followed,

 

things like to take it they have to give 21 days notice before taking time off, it can only be taken as whole weeks so not occasional days , part time week is what they normally work in a 7 day period.

 

and the employer can postpone the leave if it causes significant harm to the business, you have to write back to them within 7 days of the original request with the reason and give a new date within 6 months of the original request..

 

It is unpaid leave.. I used to allow this occasionally anyway with agreement and prior notice.. so it may not be worth worrying about until it happens, but would be worth printing off the criteria to be able to refer to should it be needed.

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Sorry. I think something in my brain just broke...

 

Holiday pay. I still don't understand this. :(

 

Question one - I am a term time setting and I pay staff their wages inclusive of holiday split over 13 payments. Is this rolled up pay ie what I shouldn't be doing?

 

Question two - in the preschool alliance example they suggest a tto person work 46.4 weeks. Why? Shouldn't it be 38 weeks plus the holiday entitlement which is pro rata - isn't it?

 

Question three - for those of you making the August wage slip holiday pay do you add up all the overtime calculations and pay it then?

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hi

 

1- I think this is ok if it's shown, PLSA have asked us to move from our usual August as hol pay to having it included over 12 payments instead, do you pay 4 weekly?

 

2- if you take off 5.6wks holiday pay weeks, it leaves 46.4wks of 52wks left, I think your 38 wKs pay is then averaged across the 46.4 wks to give equal payments.

 

3- our overtime goes in in an adjustment sheet so I think the payroll company do.

 

I wonder if the work place pension is going to be as complicated for term time only workers to :/

Edited by Mouseketeer
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I think it's going to cause some hassles when parents are aware of it , and even if we have a genuine reason to turn down/ postpone the requests it's then going to cause bad feelings, which is never good in small teams......and to be honest the government bang on about getting mums back to work but isn't this just giving employers reason to think twice about employing people with children ?

Edited by Mouseketeer
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It's crazy really. I would love to take time off in September to settle my recently-diagnosed daughter into her new school nursery, however as it clashes with our first week back, new children etc, there's no way I can! It just wouldn't look good if the manager wasn't there really :/

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sad isn't it ..but when does anyone care about the managers needs as long as everyone else is alright jack, I often wonder if anyone thinks about the managers/leaders actually being employees and having the same working rights as the rest of the staff :(

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