Holiday Calculation for Before/After School Nanny who also does Full Time in Holidays

[nannynick]

I can't locate this having been done before, though maybe I'm just not finding it in advanced search.

Lets use the situation from another message thread for the hours/weeks involved:

Nanny works 4 days per week. On a School Day they work 6 hours. On a School Holiday/Inset day, the nanny works 12 hours.

Lets say that school term time is 38 weeks.
Lets say that school holidays + inset days, is 14 weeks.

How do you calculate holiday entitlement?

38 weeks x 4 days = 152 days x 6 hours = 912 hours
52 weeks - 38 weeks = 14 weeks x 4 days = 56 days x 12 hours = 672 hours
Total working hours per year: 912 + 672 = 1584

Is it as simple as 12.07% of working hours?

Of which nannies statutory holiday: 191.2 hours (12.07% of the working hours)

Or will that present problems, such as if the nanny is restricted in taking holiday only during school holidays, would all days off be taken as if they were 12 hour days? What about bank holidays during school term time... if nanny got those off as well, would they be 12 hour days, or 6 hour days?

Do we need to calculate average working hours per week, so 1584 / 52 = 30.4615 and then multiply by 5.6 = 170.585 (round up to 170.6 hours).

First calculating the amount of paid holiday - 12.07% is the only practical way to go with this working pattern.

Note that your last calculation is wrong - you don't divide by 52 because you need to take the holiday weeks off 52, so you divide by 52 - 5.6 = 46.4 to get the average number of hours worked per working week so 1584 / 46.4 = 34.14. So 5.6 weeks at 34.14 hours per week is ... 191.2 hours (if you are mathematically minded note that 5.6/(52-5.6) = 0.12069, which is rounded to 12.07% so you don't need to go through the detail, you can always just multiply contracted working hours by 12.07%)

Now as to when you actually take and are paid for the 191.2 hours, that is up to you and your employer. In this case I would round up to 192 and note that 192 = 16 x 12. You can therefore take and be paid for 16 twelve hour days (which would be days in the 14 weeks of school holiday) or 32 six hour days (which would be any day in term time - including bank holiday/inset days because you didn't make any allowance for them in calculating the 1584 hours).

That doesn't sound as clear as it seems in my head, but I hope you get the idea

That sounds ok to me. So if the employer dictates that holidays can only be taken during school holiday periods, thus would be 12 hour days, that's permitted as it is an agreement between the employer and employee. Days like this coming Monday - a bank holiday during term time, could be agreed to as a 6 hour. If the employer didn't want their nanny to work that day, could the employer decide that day is a 12 hour day, or would that be unfair? To me that sounds unfair, as the other days that week are term-time 6 hour days.

Nick I'm sorry, I think I have misunderstood you and got a bit confused myself.

The 12.07% calculation is used when holiday is taken on top of hours actually worked, and I thought you were saying that you will actually work 1,584 hours per year and holiday will be taken outside these hours. But I now realise that the holiday you take will reduce those hours, so your second calculation is the right one to use - your contracted hours average 1584 / 52 = 30.46 per week and you are therefore entitled to 30.46 x 5.6 = 171 hours.

As to whether a given day is a 12 hour day or a 6 hour day, you have defined it in the calculation of 1,584 hours so it's not up for debate: next Monday is a 6 hour day because it is included in the 152 term time days used in your calculation. If you redo the calculation with it as a 12 hour day you simply work and get paid for an extra 6 hours over the year.

See this message thread for the scenario.

Inset days, days that children are ill, school shut due to no heating, snow days, not all of these are known in advance, so the total hours worked in a year could well vary.

Would it be better to do holiday as it accumulates... so each day working out how many minutes of holiday are earned?

But if holiday can only be taken on a bank holiday or during school holiday time, then is it fair that a full 12 hours of holiday has to be accumulated in order that a day's leave can be taken?

Is the length of the day important? Maybe it could be calculated in days, rather than hours.

I'm getting myself confused I think. Do you see what I am getting at though, or is it really a non issue that some days are longer than others?

Inset days, days that children are ill, school shut due to no heating, snow days, not all of these are known in advance, so the total hours worked in a year could well vary.

That would normally be dealt with as overtime which does not affect holiday.

Would it be better to do holiday as it accumulates... so each day working out how many minutes of holiday are earned?

You would only normally do that on a 'zero hours' contract which is not the best solution here I think as there is a clear normal working pattern.

But if holiday can only be taken on a bank holiday or during school holiday time, then is it fair that a full 12 hours of holiday has to be accumulated in order that a day's leave can be taken?

Yes it is fair because you have been paid for those 12 hours as part of the calculation of annual salary.

Is the length of the day important? Maybe it could be calculated in days, rather than hours.

The length of the day is important for the reason above, and although in this case because days are either 6 or 2x6=12 hours it works out OK in days and half days that is not always the case.