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If I employ a nanny on term-time only basis do I pay her for bank holidays?

30 replies

SE13Mummy · 07/01/2010 22:21

As title suggests, I'm struggling to work out how to deal with bank holidays...

We have found a wonderful nanny who will be working 3 days a week, term-time only. If statutory holiday entitlement is 28 days plus bank holidays then presumably she's entitled to ((5.6 x 0.6)x0.75)x5 i.e. 12.5 days but what about the bank holidays? Only one of the bank holidays falls within a school term (the first one in May) so do I just pay her for 13.5 days of holiday?

Also, what would be the best method of spreading the holiday pay? Does it make most sense to divide the 13.5 days holiday pay by the 39 weeks that she works for us and pay a portion of it each week or a lump sum at the end of each term?

Any advice would be much appreciated.

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SE13Mummy · 08/01/2010 09:57

Thank you both. I must confess to being slightly confused by the whole idea of accruing holiday whilst on holiday but that's probably because I'm a teacher; we don't accrue any entitlement to anything whilst we're off,

I obviously need to come up with a new formula that takes account of accruing things but also that bank holidays are included in the entitlement. I must say I'm a bit at the jump from 13.5 days to 22!

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MrAnchovy · 08/01/2010 00:19

With May day you could either require her to work as normal (you don't have to give bank holidays off, as long as you make this clear in the contract) or just give her the day off, depending on your requirements and whether you feel 22 days FTE holiday is generous or not.

MrAnchovy · 08/01/2010 00:15

Statutory entitlement is 28 days INCLUDING bank holidays.

There is no such thing as holiday pay any more (not in this situation anyway): you need to actually give her time off, in other words pay her for days that she takes as holiday). This also means that the 0.75 factor in your formula is wrong because you will pay her for more than 39 weeks out of 52 (because of the extra holiday days, during which she accrues further holiday).

How about you pay her for 15 weeks each term, so the first 2 weeks of each school holiday she is paid. She then has 6 weeks holiday, the equivalent of a full time 22 days plus bank holidays which is 2 days more than the statutory minimun - not too generous I feel.

nbee84 · 07/01/2010 22:28

best

nbee84 · 07/01/2010 22:27

Complicated for me at this time of night . I would say that the May bank holiday should come out of her holiday entitlement. I would think that dividing the holiday entitlement between the 39 weeks that she works is the bast option, as if she does leave part way through a year you have not under/over paid holiday.