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Original poster

Au Pairs - legal requirements /holidays?

29 replies

FeatheredHeart · 04/08/2009 22:34

I've just been asked about holidays by an au pair applicant. I'd like to know what the law says and also whether you pay your au pairs holidays?

Bestbear.co.uk says "Au pairs tend to stay for six months and this usually means the employer does not give them a paid holiday - the rationale being that the au pair only worked part time. However, if the au pair stays here for longer there is a case for the employer to give them paid and perhaps some unpaid holiday. "

I know there was recent discussion about what the legal requirements are (e,g, 28 days/ year or pro-rated) but I can't find any or even any guidelines under the Home Office (Border Agency).

Can anyone point me to where these legal requirements are on a .gov site?

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Original poster
FeatheredHeart · 05/08/2009 00:15

Thank you!

OP posts:
cheapskatemum · 04/08/2009 22:59

I have given any that stayed 6 months a week's holiday, or pay. They didn't work Bank Holidays either. Nannynick is usually good at answering this type of query.

nannynick · 04/08/2009 22:57

Now that the au-pair visa category does not exist, someone from the EEA would in my view be entitled to the same holiday as any other worker working in the UK.

BusinessLink.gov.uk : Holiday Entitlement Calculator - BusinessLink: Statutory Holiday Entitlement - ACAS booklet about Holiday Entitlement

If the au-pair is coming to the UK under Tier 5 (Youth Mobility Scheme) then I have no idea what holiday entitlement they have. It may be the same.

Julesnobrain · 04/08/2009 22:40

I am not sure about the legal requirement if there is one as I think the employment status of au pairs is debatable. However I give mine fully paid 2 weeks (ie 10 working days) per 6 months plus all bank holidays that occur within that time period.