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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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nbee84 · 13/12/2011 21:58

I see, so you have requested the time and need to calculate your holiday entitlement as DB is questioning it. Have you only had the 2 weeks off in August and no other holiday? You should have loads left in that case because, as you say, 2 weeks in August was actually only 4 days holiday, if DB is calling it 10 days then he is very wrong.

Kitsilano · 13/12/2011 22:00

Just worked it out approx and I think he might be right

Excluding bank holidays (assuming you just get those)

May - August holiday entitlement = 20days x 2/5 x 18/52 = 2.8 days
Sept - Dec entitlement = 20 days x 2/5 x 18/52 = 2.7

So total days you were entitled to this year = 5.5

You've taken 4 so you have 1.5 remaining.

Or at least that's how he got to that figure. HTH

Kitsilano · 13/12/2011 22:01

Let me know if it needs explanation

Kitsilano · 13/12/2011 22:03

Sorry - each total actually comes to 2.76 - I rounded one up but not the other - the final total of 5.5 stays the same though.

pickcherries · 13/12/2011 22:03

that must of been what he's done! even though i said bt it was only 4 days hol!

i just worked out 1/3 of the year for 2 days and 1/3 of a year for 5 days which ive worked, and it works out to be 12.1 days so i should have 8 days left right?! I'll speak to mb in the morn, im sure she'll agree with me!! :)

Thanks all, i'll let you know the outcome!!

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nannynick · 13/12/2011 22:04

Would they consider giving you holiday over xmas at full pay. Then starting all over from scratch 1st Jan?

If you were both happy with that then you can start next year with a clean slate and keep track of holiday taken and amend the contract if needed to make sure it says about pro rata if not working 5 days per week.
May not be legal, as you may not be getting statutory minimum this holiday year but if you are both happy with it then it's a way forward.
If they don't want to pay you, then you need to find out the legal position with regard to things such as how the contract is phrased, if it gets pro-rata for the period you worked 2 days a week. Plus you will need to calculate statutory minimum entitlement for the holiday period in question April to end Dec.

nbee84 · 13/12/2011 22:05

Kitsilano - She is entitled to more than 2.7 days for Sept to Dec as she has been working a 5 day week since Sep.

Kitsilano · 13/12/2011 22:05

? I think he knows it was only 4 days holiday but that your 20 days was meant to be pro rata when you were only working 2 days a week

RandomMess · 13/12/2011 22:06

He can't just discount the bank holidays because you don't work them because the directive is clear that full time workers are entitled to 28 days holidays per year (which can include bank holidays) and it can be pro-rated for part time staff.

Sep-Dec entitlement she is full time though so no 2/5 in that calculation!

Kitsilano · 13/12/2011 22:06

Oh yes - you are right nbee84. Hmm. Not sure then!

pickcherries · 13/12/2011 22:06

Thanks kilstalano, thats how he done it i think, but i dont understand have ive worked four months full time and only get 2.7 days!

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RandomMess · 13/12/2011 22:08

The 4 days in August was her full entitlement for year to date. Sept-Dec she is owed a third of 28 days (ie 20 plus banks is how it's phrased but regardless of that she is legally entitled to 28 plus the extra bank for the royal wedding)

nbee84 · 13/12/2011 22:08

My calculations came out at 13 days holiday for the period May - Dec.

I wouldn't do what Nick has just suggested as that would leave you seriously underpaid for your holiday entitlement, especially if you have only had 4 days paid holiday so far during that time.

RandomMess · 13/12/2011 22:08

What is 28 divided by 3?

That's what you're owed.

Kitsilano · 13/12/2011 22:09

maybe he worked it out the same as me (incorrectly!)

RandomMess · 13/12/2011 22:09

nbee84 yes I agree around that figure.

RandomMess · 13/12/2011 22:10

I think he's discounted the bank holidays as you're getting them already, forgetting that they are non-working days so he can't just do that because of the 28 minimum requirement directive.

RandomMess · 13/12/2011 22:11

"If you are a part-time worker, you are still entitled to 5.6 weeks' holiday ? 5.6 of your normal working week. For example, if you work two days a week you would be entitled to 11.2 days' annual leave a year:

2 days x 5.6 weeks = 11.2 days"

Kitsilano · 13/12/2011 22:12

If you include bank holidays and don't mess up the full thing as I did before I get 13 days total too - leaving you 9.

RandomMess · 13/12/2011 22:13

When was the royal wedding btw, before or after you started?

RandomMess · 13/12/2011 22:14

29th April - so you had started so you were entitled to 29 days in that case because it is worded 20 + banks hols Grin

pickcherries · 13/12/2011 22:18

Thanks all, ive written down how I've worked out my holidays thanks to all your help :) and will bring it to work with me in the morning and hand it to boss :)

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MrAnchovy · 13/12/2011 22:20

No wait!!!

hang on a moment...

nbee84 · 13/12/2011 22:25

I've just worked it out on 20 days - leaving bank hols out completely to see if that was what DB had done to arrive at his figure.

It came out at 9 - so given that you've had 4 you would still be entitled to 5 days paid.

So at a guess I reckon he has worked it out at 13 days (roughly) and has wrongly calculated your August holiday as 10 days leaving you only 3 to take at Christmas.

Hope you get it sorted - do come back and let us know Smile

nbee84 · 13/12/2011 22:27

Knew MrA would be here at some point Grin