Part time nanny and holiday allowance

[Freezingmyarseoff]

Our part time nanny who works 3 days a week is entitled to 17 day holiday a year including bank holidays. One of her working days is a Monday. I've just gone through my records and just calculated she has already used it all up. But we have 2 more bank holidays to go before the end of the "holiday year". Do I still pay because they're bank holidays? Or would they be unpaid? I'm not quite sure what to do. And neither her or I quite realised she had used so many so quickly.

No she doesn't egg these as hold. As a part timer if u are off on a bank hol you have to use a days leave. So effectively if she gets these two days off she will owe you two days leave.

I would give her the option if working two days elsewhere or the two days pay from her leave. I would not and afaik you do not have yo give her the option to come to work. It is likely that u r off on the bh and therefore don't need her.

No idea what happens wrt Nannies, but I work with someone PT whose contracted days inc a Monday. Its a logistical nightmare but the way ot works for her is she gets 15 days AL, plus 3 BHs which are classed a leui days as she obviously cant use them all on every BH.

On BHs she doesnt have leave left for she either works at the standard rate or does an alternative day in the week.

my nanny works mondays and tuesdays and I worded the holiday in the contract "four weeks plus BH" precisely to avoid this sort of thing. legal minimum is 5.6w including BH

Part time workers don't get 5.6 weeks paid leave...!

Government guidelines are here... www.gov.uk/holiday-entitlement-rights

Your 2 day a week nanny is entitled to 5.6x2 = 11.2 days a year.

I think slow meant 5.6 x the working week.

She's entitled to come in both these days and work (and get paid for them) if she likes.

I'd just offer the options - take them unpaid, work them or make the time up (babysitting) etc. Or you could pay one and not the other.

You authorised the holiday that has already been taken, so I feel you need to pay as usual. You did not deduct the bank holidays out of what annual leave you would authorise.

You could ask them to come into work but if that is not convenient to you, then you are in affect giving it as additional holiday.
The entitlement is the minimum amount of paid time off, as employer you can give more time off.

Did they get to choose all the days off they have had so far, or were some of the days your decision that they were not needed to come in to work?

There is no right to have bank holidays off. By the sound of it your contract does not say they get ALL bank holidays off, so they are taken out of the annual leave allowance if they are on a working day.

So they are paid days as per usual. They come into work unless you don't want them to and in that situation you are granting additional paid time off.

4 weeks plus Bank Hols often doesn't work for PT workers as there are 4 which could conceivably not be a Monday. This is why the legislation was changed to 5.6 working weeks for everyone. It does mean you need to keep an eye on the holiday allowance and probably deduct at the start of the year what the Bank Holidays are and divide up the rest. It is your responsibility before granting holiday requests to check that there's enough.

In this instance it depends what your contract says about choosing holiday. Most will say 50/50 and any holiday over the employer's choice that the nanny isn't required to work is paid but any over chosen by the nanny is unpaid, theory being that the nanny is available to work. The extra holiday is often a nice perk. If it's not in the contract you don't need her to work those days and can swallow the cost then say something like 'you don't have any holiday left but as you've been so great we'll pay you for Monday'. If you'd like her to work then say she doesn't have holiday and you need her.

Thanks all. We don't have it in the contract that it's 50/50 but we spoke about it when she started. I think I'll offer the option of unpaid holiday or come in and work. We have more holiday later in the year that we will have to pay her for because we have chosen to be away ourselves.

sorry I meant pro rata so four weeks = 8 days