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Au pair holiday and pay.

(12 Posts)
LUKYMUM Wed 18-Sep-13 21:43:58

I've got a new au pair for the first time. She's lovely and we're all navigating our way around each other. We were trying to organise holidays and I couldn't remember what I had calculated, so I told her that her holiday was paid for (except when she needed to go off when I'm not available as I need to organise alternative childcare). Is that what others usually do?

HomerPigeon Wed 18-Sep-13 22:30:21

I also have my first AP now (arrived nearly 3 weeks ago). I have said she has 25 days paid holiday per year, as that is what I have. And I will spend my holiday with the kids so seems fair.

I know some AP host families don't pay holidays but for me that just feels wrong.

LUKYMUM Thu 19-Sep-13 00:31:53

Thanks HomerPigeon
I wish I could pay her more, just my situation dictates otherwise. I did chuckle though, as I clearly told her holidays could be when I have school holidays, and she came and asked for 3 weeks of holidays outside this time. Probably for first time in my life I didn't get irritated, said we could talk about it, but unlikely. And somehow things are working out, that I'm actually free to be home in 2 of those week.
Hope your au pair experience is a good one.

mikulkin Thu 19-Sep-13 09:34:02

I pay for 4 weeks of holidays when she is travelling somewhere, but they shoud be during Christmas, Easter or summer school holidays. They all usually choose to go during Christmas and Easter.

If we are travelling somewhere and au pair stays at our home I pay for these days too, because this is holilday imposed by me - she didn't ask for it and as a return my au pairs usually clean house during that time - I don't ask for it though.

hettienne Thu 19-Sep-13 12:25:57

I think the minimum legally is 5.6 weeks (28 days if working 5 days a week) including bank holidays. You can dictate that she takes all holidays in school holidays - but you really should have put all this in the contract so it is clear up front!

mikulkin Thu 19-Sep-13 16:35:16

there is no legal minimum for au au pairs because legally they are not employees

hettienne Thu 19-Sep-13 16:43:43

It would be very morally/ethically dubious to give your au pair less than minimal holiday just because a legal loophole makes it possible shock I hope most people wouldn't do so!

NomDeClavier Thu 19-Sep-13 16:49:53

mikulkin legal precedent doesn't agree with you (or the gov.uk site which I suspect is where your info comes from). If it ever went to a tribunal the au pair would win.

I don't see the point in not giving holiday. assuming theyre with you for a year they're likely to want to go home or you'll want to go away and can't take them. Besides, giving the statutory amount of holiday allows the time that you have off work to also be free time for the au pair - it makes it much simpler to work out and it means they don't feel go roughy about working when you're not working and feeling like you can't be bothered.

NomDeClavier Thu 19-Sep-13 16:51:06

mikulkin legal precedent doesn't agree with you (or the gov.uk site which I suspect is where your info comes from). If it ever went to a tribunal the au pair would win.

I don't see the point in not giving holiday. assuming theyre with you for a year they're likely to want to go home or you'll want to go away and can't take them. Besides, giving the statutory amount of holiday allows the time that you have off work to also be free time for the au pair - it makes it much simpler to work out and it means they don't feel go roughy about working when you're not working and feeling like you can't be bothered.

mikulkin Thu 19-Sep-13 19:05:53

I am not saying they are not entitled to any holidays - i am just saying they are not entiled to 5,6 weeks.
As you see from my first post I pay for 4 weeks off (i didn't mention bank holidays but that goes without saying). Also if we are travelling somewhere and she stays home i pay for these days since it is imposed on her. as a result my au pair gets much more than 5,6 weeks.

However if you look at the links below you could see that au pair is not classified as employer or worker. And only employers and workers are entitled to 5,6 weeks. Moreover even if you assume she is entitled to 5,6 weeks, since she works part time (up to 25 hours per week) she will get prorated holiday entitlement which will definitely be less than 5,6 weeks

Hettienne, this is not legal loophole, they are not working 5 days a week full day, neither they are supposed to have employment contract by the way. So what is more ethically dubious: give them what they are entitled to or have employment contract with them instead of treating them like a family?

https://www.gov.uk/au-pairs-employment-law

https://www.gov.uk/holiday-entitlement-rights

http://www.bapaa.org.uk/displaypage.asp?page=5

This topic has been raised a few times and people tend to have strong opinions about it.
I personally believe you should give to au pairs as much time off as you can but I see fundamental difference between what they are legally entitled to and what you choose them to give.
Due to nature of my work I have a habit investigating these things carefully in my private life too and I am pretty sure I am right but I happily agree to disagree with anybody who thinks differently.

By the way all my au pairs love me and our family and tend to ask to stay longer than 1 year - more than that, our house at the request of my au pairs was a shelter for quite a few au pairs who weren't treated by their families well and had to stay somewhere in the period when they were looking for a new family.

NomDeClavier Thu 19-Sep-13 19:21:48

Those links are over-ruled by this high court judgement, upheld at appeal and in the ECJ and referenced in subsequent tribunals. English law runs on precedent so this was a pretty landmark ruling although it was initially an immigration matter.

Community law makes it illegal to deny an au pair the same rights as any other worker or employee. I have no idea why the association which governs au pair agencies insists on perpetuating the idea that au pairs aren't entitled to basic legal protection. But then again the parents pay them and it makes life simpler for them if everyone pretends it's not the case.

LUKYMUM Thu 19-Sep-13 19:42:17

Thanks all.

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