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Employers of Part Time Nannies - Warning, Template Contracts may contain incorrect Holiday Entitlement

4 replies

nannynick · 26/04/2008 09:19

If you employ a nanny for 4 days per week or less, then check the contract that you are using.

Template contracts available on the internet and also from Nanny Agencies, may contain incorrect information - as they may not have been updated in October 2007.
Typically these template contracts say something like:
Holiday entitlement is 4 weeks in addition to Public and Bank Holidays.

This may now be wrong, if the employee is working less than 5 days per week, especially if they are not working on a Monday (as a lot of Bank Holidays are Monday's).

Use the BusinessLink Holiday Entitlement Calculator to calculate the correct number of DAYS holiday your employee is entitled to receive.

Example: Employee working 4 days per week (Tue to Fri)
A 4 day per week nanny is entitled to 20.2 days holiday in 2008. They are entitled to 22.4 days holiday in 2009.
Public and Bank Holidays not falling on a Sunday or Monday in 2008: Tuesday 1/1, Friday 21/3, Thursday 25/12, Friday 26/12.
Public and Bank Holidays affected in 2009: Thursday 1/1, Friday 10/4, Friday 25/12.
Full List of Public and Bank Holidays

So if holiday entitlement was 4 weeks plus Public and Bank holidays, then for a 4-day nanny, not working on Mondays...
2008 = 20.2 days - Public and Bank Holidays (4) = 16.2 days. 4 Weeks x 4 days = 16 days.
There is .2 of day still due to the employee, to meet Statutory Minimum Holiday Entitlement.
2009 = 22.4 days - Public and Bank Holidays (3) = 19.4 days. 4 Weeks x 4 days = 16 days.
There is 3.4 days still due to the employee, to meet Statutory Minimum Holiday Entitlement.

The above I have based on holiday year starting 1st January. If leave year starts later in the year, then your figures will be a little different, but I expect you will find that you are still in a position where you will owe your employee more holiday.

Hope this is of help to employers of nannies, and also to nannies.
If anyone disagrees with my figures, please do feel free to post the figures you calculate.

OP posts:
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janett · 26/04/2008 22:29

hi nannynick, I am still confused over my holiday entitlement. I will only be working 2 days but one of them being a monday. Neither my future boss nor i know how to work out hols. Also do i get a choice of days or just when they have theirs. thanks

nannynick · 27/04/2008 08:09

Use the holiday calculator, to find out how many days you are entitled to. If you started your job 1st January 2008, then you get 9.6 days this year. It would be advisable for this to be rounded up to the nearest whole day - though your employer does not have to, they could insist that you work .4 of a day.

For nannies, it is usual for the Employer to select 1/2 of the dates, and the Employee to select the other 1/2. However, it is really down to whatever you agree to... your employer may be able to cover any dates, and thus let you select all of the dates. In your contract it should say about this, and also how much notice has to be given on each side, prior to taking holiday.

Your employer can choose to give you Bank Holidays as Extra days off, or can insist that they are part of your holiday entitlement. If the latter, then look at the list of Public and Bank holidays to see which ones fall on your working days.

If I assume you work Monday and Tuesday:
1/1/08, 24/3/08, 5/5/08, 26/5/08, 25/8/08
would all fall on your working days, and thus your 9.6 day entitlement would fall to 4.6 days.

Does that help?

OP posts:
KatyMac · 27/04/2008 08:28

Nick - have you see this?

janett · 27/04/2008 23:07

thanks nick, lets hope my bank holidays will be extra days off !!!

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