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Nanny holiday pay confusion.(6 Posts)
Our nanny is entitled to 4 weeks holiday plus Bank Holidays per year and we choose 2 each.
She has taken a day more than this and has worked extra hours to compensate plus a further half day for more holiday she wants to take later on the year.
As well as this she has had 3 weeks paid holiday chosen by us.
She has given notice and wants holiday pay for the bank holidays which she do not believe she has had and also for the 7 hours worked towards a future holiday.
On the bank hols she is wrong as she has had over her years entitlement in the 9 months she has worked. I have been very flexible and accommodating to let her go over her allocated 2 weeks chosen by her but do I have to pay her for extra hours worked when overall she's had more than her contractual days?
It's very confusing but I can't work out if I'm being unreasonable!
You need to read the contract, but I would get, in the situation above:
All bank holidays ignored, but since this is in statuary you might need to include.
I'd get the hours worked as time in leiu, so yes, paid.
I'd get a calculation of entitlement for months worked in this holiday year, and then a balance of over or under taken compared to entitlement.
You may need to say 28 days holiday, and work out entitlement, and subtract all bank holidays and holidays to date. But I think you need to pay for the extra hours, or use it to account for holiday taken on top of entitlement so far this year
Couple of questions:
How many days a week does your Nanny work?
When does her holiday year run from?
When does she leave?
The HMRC calculator might help:
I think the fact that you chose 3 weeks rather than 2 should be ignored. You could have asked her to do some nursery jobs in the 3rd week, but chose to give her a weeks paid leave (which was lovely of you and I'm sure she appreciated it). That extra week you chose should not come out of her holiday taken I don't think.
Hi she is 4 days a week. No I agree she gets her choice of 2 weeks whatever and she has worked extra hours to earn more 'chosen' holiday so I will deduct the day over entitlement that she has chosen and pay her the rest of the extra hours.
Start by breaking down what the annual entitlement is and when the holiday year starts. If the holiday year start date is not given in the contract, then the holiday year start date is the first day of employment. It would be usual that holiday can not be carried over from year to year without prior agreement.
>Our nanny is entitled to 4 weeks holiday plus Bank Holidays per year and we choose 2 each.
That is quite usual in nanny contracts for a full time nanny.
With a 4 day per week nanny, the statutory minimum would be 5.6 weeks from which bank holidays occurring on a working day can be deducted if not worked. So 22.4 days holiday would be the annual statutory holiday entitlement.
>She has taken a day more than this and has worked extra hours to compensate.
So was the agreement that those extra hours were fully in exchange for the extra day?
>plus a further half day for more holiday she wants to take later on the year.
So this holiday is yet to be taken but the required hours for that planned time off have been 'banked'. This I presume is the 7 hours mentioned.
>As well as this she has had 3 weeks paid holiday chosen by us.
You only get to choose 2 weeks according to what you wrote earlier, so the additional week of your choice you pay in full and is not part of the nanny's holiday entitlement.
You need to first work out the start date for the holiday year, then list all the bank holidays occurring on working days between that date and the end of the notice period. You will now have a list of the bank holidays in this holiday year up until end of notice.
You then need to add on the holiday entitlement she has taken so far during the holiday year - so look at when holiday was, whose choice it was and work out the total number of days (or hours if your nanny works different hours on different days).
You then need to work out the Statutory Holiday entitlement (5.6 weeks x days worked per week) and then calculate the percentage of that which applies for the holiday year given the leaving date. If she has worked exactly 9 months then it would be 9/12ths of the annual entitlement.
>do I have to pay her for extra hours worked when overall she's had more than her contractual days?
The 7 hours, yes I would pay that as the holiday has been agreed but not yet taken.
You can then cancel that out of the calculations and deal with the rest which is has she had her choice of holidays and has she taken all of her statutory entitlement?
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