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HELP - working out remaining holiday as a nanny!!!

74 replies

pickcherries · 13/12/2011 20:06

Hey,

I wonder who's clever enough to help me work out the amount of holiday i should have my boss reckons 1.5days but im not convinced! but he works in finance and i wasnt in a position to argue earlier so here goes... im meant to get 20 days plus bank hols when full time however i started the last week in april for two days a week until sep and went full time.... i had 2 weeks hol (4 days in aug when they went away) so how much should I have left?!

SO CONFUSED! if you still follow congrats because i keep confusing myself!!!

TIA x

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RandomMess · 13/12/2011 20:15

Take the total amount of days holiday you are entitled to when working full time.

I think it's 27 (7 bank holidays)

27/5 days per week x 2 = total number of full day holidays you were due if you were part time for a year.

Divide this by 52 weeks x by the number of weeks you worked part time.

That was your entitlement up until September.

Then work out entitlement from September until you've completed a full year.

Hope that helps.

Or you can calculate it all in hours

nannynick · 13/12/2011 20:28

What does the contract actually say? In my view, if it says 20 days plus bank holidays, then it's 20 days plus bank holidays regardless of you only working 2 days a week.
Was it pro-rata holidays for April to September?
What are the actual dates involved for the part-time period?
What bank holidays fell on your working days during that period?

pickcherries · 13/12/2011 20:38

thanks nannynick i was hoping you'd be along :)

I worked tues and thurs so bank hols didnt cover from when i started (26th april to the end of august!) i went full time on 1st sep!

my contract says 20 days plus bank hols my boss says he done it pro rota,

tia!

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RandomMess · 13/12/2011 20:43

If you were full time 30 days annual leave would be 6 weeks, so usually they would be pro-rated so that would have been 12 full days if you worked 2 full days per week only for the whole year - ie accrue a day a month.

You worked 4 months at part time -so a third of a year so earned 4 days leave which you took.

By the end of December you will have done 4 months full time so will have accrued 10 days.

Obviously these aren't quite the right number but you are definately owed a fair few holidays! yes check the contract would does it actually say!

RandomMess · 13/12/2011 20:45

Ask him to show you his workings out Wink

Easier for us to pick a hole in his flawed thinking then.

pickcherries · 13/12/2011 20:48

he worked it out in front of me but alll very very quick he works in finance and was saying it all in a foreign language to me ;) will speak to the mum tomorrow morning and see what she says - i get on very well with her! :)

thanks randonmess!

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south345 · 13/12/2011 21:04

You should still get an allowance for bank hols even if you work tues and thurs, I worked tues-thurs and got a percentage (cant remember how much) extra as I didn't get bank hols. Also remember there was an extra bank hol for the royal wedding wasn't that in april?

RandomMess · 13/12/2011 21:08

Yep there is a legal minimum requirement which can or can't include bank holidays but if you get bank holidays you should get a pro-rata for them. Hence add them onto your 20 days IYSWIM.

RandomMess · 13/12/2011 21:11

Okay it's 8 bank holidays plus 1 for the royal wedding if you were working then.

So 29 days in total or you may need to have the bank holidays to belong to the months the fell in IYSWIM - did he pay you for your bank holidays in April & May or were the holiday you could carry forward?

pickcherries · 13/12/2011 21:11

contract says 20 days plus bank hols! this contract has been amended from my previous one due to going into a share!

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RandomMess · 13/12/2011 21:12

link to holiday entitlement minimums here

www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10029788

Karoleann · 13/12/2011 21:13

Are you leaving your job - or do you want o know how much holiday you have remaining in this holiday year ie til the end of april.
It may be that your boss if talking about accrued holiday as in most jobs in the first year, you accrue holiday each month you work.
Let me know and I;ll work it out for you.

pickcherries · 13/12/2011 21:13

hasnt mentioned them banks hols as i never worked them as was doing tues n thurs and i never questioned them!

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RandomMess · 13/12/2011 21:15

20 days plus bank hols for a year from April 2011 is 20 +9 due to the royal wedding if you had started working before the wedding.

pickcherries · 13/12/2011 21:17

Karoleann, im not leaving in fact I'm very happy and love my two girlies!!!

im off between christmas and new year and boss is saying i only have 1.5 days hol left so wont get paid for entire 3 days iyswim! my hol is worked out jan-dec which is another confusing matter!!!

TIA

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nannynick · 13/12/2011 21:20

To my knowledge contract can give better terms than statutory minimum. As contract isn't mentioning pro-rata, then why is it being done pro-rata?

RandomMess · 13/12/2011 21:21

You are still owed them though!

You have to have 28 days holiday per year.... your non-working days are not holiday!

pickcherries · 13/12/2011 21:22

nannynick i presume because i started during the hol year so he thought it was easier to work out i presume... im not sure!

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RandomMess · 13/12/2011 21:22

Eh!!!

Madness. Tell him you want his holiday calculations in writing in detail.

He can't say your 2 weeks in August = 10 days which is what he seems to be implying as they weren't your working days!!!!

pickcherries · 13/12/2011 21:24

think your right random mess might get him to email me his calculations!

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nannynick · 13/12/2011 21:36

If you agree to him doing pro rata for those months, then your holiday in August would be pro rata as well. You will also need to sort out what the holiday entitlement would be as a bank holiday isn't likely to fall on your working days during that period.

Holiday period starts from day 1 of employment, unless stated otherwise in your contract.

nbee84 · 13/12/2011 21:45

Another question - are you off Christmas week because you have requested the time off or because they have told you they don't need you so you are not working?

If it is the latter then they can't just choose not to pay you because it is over your holiday entitlement, they are choosing not to use you so they still need to pay you for that time.

pickcherries · 13/12/2011 21:49

nbee84 i thought i still had a full week to use as i've worked 4m full time so asked when would it suit mum for me to have that time off and she said she would take it off between as the office is quiet and shes glad she did now shes counting down the days!

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nannynick · 13/12/2011 21:56

So contract says that holiday year runs 1st Jan to 31st Dec?
Is this your first year of employment with this employer?

You mentioned a nanny share earlier - is this job part of that share, or is it standalone?

pickcherries · 13/12/2011 21:58

its my 1st year started on 26th april was with one family until 22nd aug when it turned into the share! all very confusing!

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