Nanny - taking Leave Without Pay q?

[2011willrock]

Hello,
We have a Nanny who has taken a month leave without pay.
I am trying to check that we pay the right amount of annual leave.
How is the entitlement 5.6 weeks affected when leave without pay is taken??
Do I just calculate the 5.6 weeks pro rata based on the time actually worked throughout the year?
I will also post in employment issues

Thanks in advance,

I don't understand - has she already taken her 5.6 weeks holiday, then you let her have another month off unpaid?

She is taking the month off and will have to take this as leave without pay as she has used all of her annual leave to date. (is part time and started part way through 2010 - so it's all pro-rata anyway)

I am just not sure of what to do for the remainder of 2011.
Is her 5.6 weeks calculated on the entire calender year? or only the part that she works - so 11 months of it? As she won't have accrued annual leave entitlement whilst not working.
Does that make sense?

I would say that you don't count the unpaid leave in the holiday calculation.

For example, say she is on unpaid leave during the whole of Jan, her 2011 entitlement would be:

(5.6 weeks / 12 mths) X 11 mths = 5.13 (5 weeks and ½ a day)

for part time, obviously pro rate accordingly

5.6 weeks is calculated based on when the leave year starts in my view... so the year starts on the day they started with you (unless your contract gives a specific date for when leave year starts).

When you say she has used all her annual leave to date... do you mean all of the 5.6 weeks, or just the proportion up to say 1st Jan 2011?

We have annual leave based on calendar year.
The leave is for an extended holiday which suits our plans.

So from what I've read for part-time employees - annual leave is accrued on average number of hours worked in previous period. So it looks like it is unpaid, but anyone think differently?

I think leave would not accrue in the circumstances - thus calculate as per what Marlinspike wrote. However may be worth a call to ACAS to ask their view.