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Nanny holiday & sick pay help pls

(28 Posts)
RachieB Mon 27-Jul-09 15:00:35

Hi

I am starting a new position soon, and we are finalising the contract

I am a bit confused about sick pay and holiday entitlement

My days of work will be Tues,Wed & Thurs
so no bank holidays worked this year,inc the xmas period

How many days am I entitled to ?

Also statutory Sick pay is apparently only paid after 3 consecutive days ?
so if sick for 1 or 2 days this is unpaid ? or taken as holiday ?!

Thanks in advance

nbee84 Mon 27-Jul-09 17:01:09

Holiday entitlement for a 3 day a week job is 16.8 days. this can be rounded up (though doesn't have to be, but most reasonable employers would) but not down. It takes into account the bank holidays even though you don't work them.

If you are only entitled to SSP the 1st 3 consecutive days are unpaid, so you wouldn't be paid for the 1st 3 days and from the 4th day you would be entitled to £79ish a week.

RachieB Mon 27-Jul-09 17:43:51

thanks so much

they seemed to think it was 12 days ( 4 weeks x 3 days worked)per year !

nbee84 Mon 27-Jul-09 18:04:12

Even though you don't work bank holidays you still have a pro-rated entitlement. smile

nbee84 Mon 27-Jul-09 18:05:05

or pro-rata'd blush

bran Mon 27-Jul-09 18:17:59

Here is the official govt version of holiday entitlement. You should be getting 5.6 weeks including any bank holidays. This works out as 16.8 days as nbee84 has already said (5.3 weeks x 3 days per week).

The change from 4 weeks to 5.6 weeks is fairly recent so perhaps your prospective employers are not aware that it has changed. Perhaps you could send them a link to that page.

bran Mon 27-Jul-09 18:19:01

Sorry, that calc should be "5.6 weeks x 3 days per week".

RachieB Mon 27-Jul-09 18:30:41

thanks

ok another Q ( sorry ! )
I am having an interview for a 2 day position ( mon and fri ) later this wk

how would the holidays work for that position ? ( being as most bank holidays are mondays or fri!)

holiday entitlement is 5.6 x 2 = 11.2 ( 12)?

would I HAVE to take the bank holidays as holidays ?

the bank hols are inc in that 12 days, is that right?

god i have a headache ! lol

nbee84 Mon 27-Jul-09 18:38:04

Bank holidays are included in those days. Your employer can dictate when your holiday is taken, so if they are going to be at home on a bank holiday they can ask you not to work.

It is usual for the nanny to have 2 weeks holiday that she can choose when she wants and the employer chooses the rest - so I would say in the case of the bank holidays the employer is choosing for you not to work those days so should not come out of your 2 weeks (4 days in a 2 day a week job)

Also if your employer has a job where they cannot take certain time off ie someone whose business is very busy in December or a teacher who needs you term-time then they can stipulate that your chosen weeks cannot be taken at certain times.

Legally an employer could dictate all of your holiday time, but most employers do not.

nannynick Mon 27-Jul-09 19:50:33

Bank Holiday dates - may help if you need to chat with your new 2-day per week employer about which bank holidays fall on your working days.
If you are prepared to work on a bank holiday and your employer wants you to work, then it can be treated as just a normal day.

RachieB Mon 27-Jul-09 19:57:51

thanks both

chandellina Mon 27-Jul-09 22:00:52

i'm still a little confused, as a first-time employer of a nanny three days a week.
if I round up 16.8 days to 17, that is then basically six weeks of holiday for my nanny to take her 3 days. (3 days x 6 weeks =18)
??? (surely I can't count the two days of the week she doesn't work as holiday?)

In this case, Mondays are worked, but I hadn't planned on rolling the bank holidays into holiday time unless a holiday week included a bank holiday. (or is that a stupid idea?)

Can someone please advise me how to do this in a way that is fair to both nanny and employer? to complicate matters further, it's a nanny share, so we really need to sort something out that keeps everyone happy(ish).

nannynick Mon 27-Jul-09 22:15:06

Yes you are right in thinking that it is 17 of the nannies normal working days. Holiday Entitlement Calculator

You can't count the two days per week she doesn't work (thought I suspect she doesn't work 4 days a week, if only working 3 days a week smile).

As the employer you can stipulate when some of that time is taken off, or even all of that time... so you can insist that your employee takes time off between Xmas and New Year for example.

Very few holidays fall Tuesday-Thursday, though do check the chart, as holidays like Xmas and Boxing Day change day of the week.

If you don't need your nanny to work on a Bank Holiday Monday, then deduct that from the holiday entitlement regardless of if they are working the rest of the week. That will then result in as close as possible situation to 4 weeks holiday plus Bank Holidays which was typical pre the new legislation.

nannynick Mon 27-Jul-09 22:19:47

chandellina you may find it easier to create a calendar for say the next year (or two years), mark on it all the Bank Holidays / other holidays and see which ones will fall on your nannies working days. Once those have been deducted from the entitlement, then see how many 'weeks' are left which the nanny can take. You may find that it is 3 weeks plus a couple of days... so if it suited you better to make it full weeks, you may want to increase holiday by one day for that particular holiday year (don't write it in the contract, just give it as a paid day when the nanny asks for the full week off).

nbee84 Mon 27-Jul-09 22:21:29

If your nanny isn't working a bank holiday then you deduct this day from her whole holiday entitlement (17 days). Presuming she will have 6 days (2 weeks) holiday to choose when she wants and you have the other 11 days to choose; if she is taking the whole week off starting from a bank hol Mon - then you would take the day from her holiday, if you were taking the week off, starting from a bank hol Mon - then you would take it from your holiday, if she is just off on the bank holiday (because you are off work and don't need her) then you would also take it from your holiday.

Hope I haven't confused the issue with all that waffle grin

The legal entitlement is for 5.6 weeks a year - so nearly 6 weeks a year.

Blondeshavemorefun Tue 28-Jul-09 10:22:04

all the calculations have puzzled me for holidays when doing 2 jobs - not blonde for nothinggrin

but yes 17days for a 3day job

sick pay - ssp kicks in after 4 days in a row

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjure d/DG_10018786

it is just under £80 a week - which tbh is disgraceful

if you have what you did in your first post in your contract then it is quite possible that if you are ill, that you wont be paid for days 1,2 and 3 - it is up to employers discretion (some may pay, others wont)

im lucky and have sick pay in my contract - think 4 weeks full then ssp)

tbh i think the fair way is to have a weeks - so if 3 days then 3, if full time then 5 a year - though sure many employers will disagree to this

i personally wont sigh a contract without sick pay as i HAVE to cover myself as dh is se and doesnt get sick pay

RachieB Tue 28-Jul-09 11:20:53

thanks all

all sorted ,17 days holiday
and have kept it as SSP so no pay if sick for 1-3 days

I haven't had a day off sick in years so <fingers crossed> that remains !

wornoutmum1 Sat 08-Aug-09 19:11:32

I originally contracted our nanny for Thursdays and Fridays - she worked for another family the other 3 days. The other family then moved and she was stuck trying to find a position that covered Monday, Tuesday, Wednesday.... so I wouldn't lose her I switched my days to accommodate the new family so I now have her on Monday and Friday.... therefore I am getting hit for all the bank holidays and the other family for none. She is still contracted to me for the Thursday and Friday and the other family have not put a contract in place yet.

Any ideas how to handle this holiday/bank holiday nightmare? She is entitled to 11.2 days from me and 16.8 days from the other family, it is really messy because for far this year I have had 2 weeks family holiday, had to pay all the bank holidays, the other family have now taken 2 weeks off, the nanny has taken the same 2 weeks off, this means that if I don't have any other family holiday this year I will already have paid my nanny 16 days holiday instead of 11.2....

Any suggestions on a fair way to handle me getting stumped for all the bank holidays to accommodate the other family?

p.s. I had only just given birth when I said I would be flexible on working days otherwise I would have been a bit more savvy on the bank holidays! Brain had gone.

nannynick Sat 08-Aug-09 20:04:33

The 5.6 weeks holiday entitlement takes into account bank holidays. Your nanny did work Thurs/Fri, now works Mon/Fri - is that right? If so, then no change in the number of days worked.

Why are you accommodating another family? If your nanny isn't working for both you and the other family at the same time (so on the same day, with all the children at one house) it isn't a nanny share. It is two separate employments. While it is nice of you to take into account the holiday periods your employee arranges with their other employer, you don't have to give your employee the same holiday weeks. Your nanny should be requesting time off and you then decide to grant that request or deny it.

So I see it as being you give your employee 11.2 days - you may want to round that up to whole days if you don't want your nanny working for part of a day. So 12 days annual leave each leave year.

nbee84 Sun 09-Aug-09 12:34:33

Adding to what Nannynick said - if you are in a position (ie. on Maternity leave) to allow her to take extra holiday when she has holiday with the other family, then she should be taking any days over her 12 unpaid.

fourangelsunderfive Sun 13-Sep-09 15:06:44

My nanny wants to take four weeks in a row holiday starting December 26. I asked her if she would move her holiday forward one week and begin the four weeks during a week when I will have my parents visiting to help. (Dec. 18). She has refused, saying it's only convenient for her to travel from the 26th for four weeks. Am I required to pay her for four weeks straight at her choosing? With my previous employees they chose two weeks whilst we were away and then another two of their choice. (I've already paid my nanny five weeks full holiday while we were away, which I do not dispute) but can she now demand four in a row and not be flexible as to when she takes it?

limonchik Sun 13-Sep-09 15:09:01

What does your contract say?

overweightnoverdrawn Sun 13-Sep-09 15:16:56

I think you only have to pay her for two weeks as she has already had holiday your choice . So all thats left is twoo weeks her choice .

overweightnoverdrawn Sun 13-Sep-09 15:18:15

I think you only have to pay her for two weeks as she has already had holiday your choice . So all thats left is twoo weeks her choice .

limonchik Sun 13-Sep-09 15:20:40

It depends on their contract though - does it say you choose two and she chooses two? Does it limit how many days she can take off in a row? Not every contract is the same.

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