Holiday Pay

[sakura06]

Hello, I'm hoping someone can help please.

We have a term-time only contract with our childminder. She has just text me to say she is expecting to be paid for the 2 week Christmas holidays.

The contract states that she accrues 1.5 days of holiday for every week worked. Over 2017, she has worked 35 weeks (if I include school holidays when a retainer was paid) or 29 weeks (excluding the school holidays). She works 3 days a week so holidays should be pro-rata. By my calculations, she should therefore have either 7 or 8 days of paid holiday for the year. She has already taken 6 days of paid holiday (during term time, which made life very difficult, but I was sympathetic).

Does it sound reasonable that I pay 2 days holiday for Christmas and 4 days of retainer fee?

Just ask her how she's calculate it.

Your post is hard to follow, but it depends on your contract.

I pay 50% for school holidays if my kids aren't going to the childminder, as stated in my contact with her.

That’s a lot of holiday entitlement. Is it a typo? 1.5 days for every week of work, so 6 days per month holiday? I think you need to ask her for a breakdown of how she has worked out the bill and for clarification about the wording in the contract.

Although I’m wondering if the way she has done it is to let you have a term time contract but then charge you so much holiday pay so she isn’t out of pocket during the school holidays when you don’t need the place and are only paying half fees. I think it sounds very confusing though.

Sorry it's 1.5 days for every 4 weeks worked. But as it's part-time at 3 days a week, I calculate that's 0.9 days for every 4 weeks.

So she actually worked 29 weeks (but including holidays where she was paid a retainer, 35 weeks passed). So I calculate she's owed (35/4)x0.9=7.9 so 8 days total OR (29/4)x0.9= 6.5 so 7 days total (and 6 have been taken).

@HSMMaCM I think you're right that I should just ask! Sadly I'm not great with conflict...

I've never minded anyone asking me to explain their bill.

I would ask for a breakdown. I'm guessing you pay a retainer through the Christmas? Check if your down to pay bank holidays. Where it says she accrues 1.5 days a week I would assume she has already reduced this figure to account for the shorter working week as its an odd amount she probably does 2 days a month fro full weeks. But you wont know if you don't ask.

You have another thread running on childcare options with slightly different information. You said you have used her for 14 months so how does this equate to 35 weeks????? You said you have paid 1.5 weeks holiday....is that 5 or 6 days?

Their are 52 weeks in a year if you take all school holidays where you pay so 52/4=13 times 1.5 total due 19.5 days

I posted here as well as no one responded to my first thread initially. I made a typo in my OP here. The contract says 1.5 days for 4 weeks worked. It is unclear whether that is pro-rata or not (but the working agreement which has been adhered to has always been 3 days a week, term time only). There was a break in service mid-way through 2017, hence the 35 weeks worked total. As I said the case previously is that all school holidays a retainer fee was due, including last Christmas, so this came a bit out of the blue and more notice would've been appreciated.

Thanks for all taking the time to respond.

It all sounds very complicated and not exactly how I would want my contract to be, but I don’t think you can just choose to pro-rata her weeks. It doesn’t matter if she works 6 days a week or 1, it’s what she’s contracted to then it’s a week worked. It should obviously have been included in the contract to cover that, but I think that’s where the discrepency lies.

Why was there a break in service? This maybe the reason why she has left over holiday to use so wants to use it now especially if the break was down to you and she kept a space....you really need to sit down with her and maybe ask for a contract amendment.
If you were not prepared for it you could try explaining that and how your now going to struggle as you had no notice maybe you can if it is right see if she will take instalments or meet you half way......but again its difficult if she has been kind to you and held a space whereas if she wanted the break in service your on a stronger foot.

Thanks for your replies. I'm willing to pay for these days asked for, although it was unexpected.