5.6 weeks holiday if part-time?

[Throughtheforest2]

I just came across something that said part-time workers are entitled to 5.6 weeks of holiday pay?
so if I hire a part-time nanny (39 weeks) I need to factor in 5.6 weeks of pay on top of that?
is that right?
thanks in advance!

Part time workers are entitled to pro rata holiday.

No. It would be 5.6x39/52.

So 4.2 weeks.

You’d best read up on your other legal responsibilities as an employer too.

How many hours each week? Is it termtime?

Yes.
If someone works 5 days per week for 39 weeks then they work 195 days. If they cannot take holiday during those 195 days then holiday is taken at other times. It equates to 12.07% of working time, so 23.54 days.

You have the same number of weeks in effect as the full time workers but each weeks worth of holidays is a part time week

It's often easier to work in hours

So a full time person works 5 days * 8 hrs so a weeks holiday is 40 hours

If you work 4 hrs each day that 20 hrs holiday for a week

So if a full time person get 5 weeks leave including bank holidays that's 5 weeks ** times 5 days time 8 hrs

Part time would be 5 times 5 times 4gra

www.gov.uk/holiday-entitlement-rights

5.6 weeks at her usualy weekly hours.

So, if she works 20 hours a week, of the 52 weeks per year, 5.6 of them will be 20 hours per week of annual leave.

As she only works 39 weeks of the year she gets 5.6 ÷ 52 × 39 weeks at her usualy 20 hours or whatever hours she does.

Just check everyone is on the same page.
I work TTO - so 39 fixed weeks of the year, and get a full 5.6 weeks of paid leave in a school

But whether is it based on 39/52 of 28 days, or the full 28 days, yes, some holiday pay is required.

No, that's for people like me who work 20 hours a week spread over 5 days.

If it's only 39 weeks of the year you pro rota it, assuming you don't want her to actually take annual leave you would need to pay her for 42.5 weeks roughly (she'll get bank holidays off too)

@KarrotKake yes, so regardless of the hours nanny works in a week, am I basing holiday on 5.6 weeks of those hours or 39/52 of 5.6 weeks of those hours.
I had assumed it was the latter but came across something about case law and maybe it being the former.
I will properly research, just wondered if anyone had looked at similar scenario
thanks!

You pro-rata the 39 weeks. Other wise the part time staff benefit more than the full timers.

You don't pro rata term time only. It's still 5.6 weeks.

You absolutely do prorata it. Why would you get a whole year of leave when you only work 3/4 of it?!

I work in HR.

People are entitled to the 5.6 weeks (28 days) but pro-rata to the number of working weeks and hours. If it’s a fixed term contract of 39weeks and if they work 40 hours per week on average then they would be entitled to take 168 hours (40/5 is 8 so each day is 8 hours. 8X28 = 224 hours. 224/52 weeks per year X 39 weeks worked = 168 hours holiday to be taken). If hours vary you need to consider the average of the last however may weeks worked (make life easier for yourself by trying to not have too much variation week to week in hours)

They should be taking the time and you should avoid outright paying for it… and the 12.07% approach is not the most legal approach (case law has been developing for a while.. if you do a Google search you’ll see a few different cases. Harpur Trust v Brazel is one about term time working). The purpose of the working time directive is to make sure people aren’t worn out at work and make fewer mistakes, it’s basis is in health and safety. If you apply the law with that in mind it’s less risky & may feel like less of a cost (it’s the same but covering time off probably feels better than giving a chunk of money).

One option could be to give ACAS a call and ask them… it’s free and sometimes it’s nicer talking to a real human! I’d also suggest swotting up on basic contract law; people don’t need 2 years employment to claim breach of contract & claims aren’t always as obvious.

@LittleOwl2 168 hours assumes they can take the holiday during their working time. So what if they cannot take it during those 39 weeks?

Taking the example, 39 weeks working 40 hours per week, no holiday to be taken during that working time.
How would the holiday entitlement be calculated?

39weeks x 40 hours = 1560 hours
Average hours per week = 1560 / 46.4 (52 weeks - 5.6 weeks) = 33.62068
Multiply by 5.6 = 188.2758

Is that how to do it @LittleOwl2 ? It's a lot closer to the old way of doing 12.07% than the 168 figure which to me seems wrong to me as it is 20 hours+ difference.

The way my work does term time working, the weeks paid holiday cover part of the school holidays, the rest is then the unpaid weeks.

If you assume you pay the nanny for 44 weeks and the same 40 hour work week as above , then she is entitled to 224/52 X 44 hours leave = 189.5 hours or 4.7 weeks. That means she would work for just 39.3 weeks, have 4.7 paid weeks of leave over the school holidays and 8 weeks of unpaid leave over the school holidays.

It's much closer to @nannynick figure because working 44 weeks of the year gives you more holiday entitlement than working 39 weeks does. I think @LittleOwl2 168 hours of paid leave for a 39 week contract is leave you'd be entitled to take during those 39 weeks - but I'm someone who works term time only and does these calculations to check my leave rather than in HR so I may be wrong!

@nannynick -I think it’s probably because I’ve assumed a 5 day working week. Which calculates to 28 days statutory leave (www.gov.uk/holiday-entitlement-rights). If we assume it’s a 40 hour contract, each ‘day’ in a 5 day working week is 8 hours (40 / 5 = 8) then the maths comes from that figure. Saying how long a ‘day’ can be useful for shift work if the shifts are all different lengths (e.g a 16 hour shift is 2 days off even if it falls in one 24 hours.. one ‘real life’ day…. 4 hour shift is .5 of a day etc.) It’s also useful as an employer to be able to go back to the gov website and say ‘look this is why I calculated it that way’……especially as 365 days is greater than 52 weeks (I think it’s something like 52.2 weeks in the year, unless it’s a leap year….it messes up maths)

In terms of taking the holiday, I guess Employers could say ‘work solid for all of your 10 month contract and then pop the holiday on at the end’ they just need to give notice of when the holiday is of double the length of the holiday (www.xperthr.co.uk/faq/can-an-employer-require-its-employees-to-take-holiday-at-a-particular-time/70317/). or I guess some people would consider taking the holiday but then doing overtime (but then it ends up a like rolled up holiday, possibly a bit close to emerging legal themes)….but then I’d start thinking about the reason we have the law in the first place.