Holiday pay for part time nanny??

[samiryn]

I'm going back to college in September and will be hiring a Nanny to care for my three young children while I am there until July next year.

The confusion with holiday comes with that she will only be working Tuesdays, Wednesdays and Thursdays, and only one bank holiday falls on those days (for Xmas this year).

All employees in the UK are entitled by law to 5.6 weeks holiday per annum. For a full-time employee that is 28 paid days off per year, of which 4 weeks is standard leave and 1.6 (or 160% of the working week) is 8 of the bank holidays.

So is my Nanny still entitled to have the bank holiday entitlement included when I work out how many days she can have, even though she would only have 1 day of the 8 BH days in her contract anyway?

Any enlightenment would be great, because I'm totaly confused!!

Thanks in advance

28 days include bh. Just work out 3/5 of 28 days, then you'll know what the minimum you have to give is. If she takes the Tuesday bank holiday, it comes out of her total entitlement. It's fair that way because the number of total paid leave doesn't depend on the days of the week you work.

Yes, the 5.6 weeks can include bank holidays, but don't have to. So a three day a week employee gets 17 days holiday - if one bank holiday falls during her working week, she still has another 16 days holiday left.

Just seems unfair I have to pay her for bank holiday days she wouldn't have worked anyway but thank you for your replies.

maybe unfair is the wrong word... just more costly !!

?? no you wouldn't be paying her the bank holidays that fall on Mondays or Fridays that she wouldn't have worked on. On those ones, nanny doesn't work and doesn't get paid, just as any other normal Mon or Fri. You'll only pay her for that one Tuesday bank holiday.

She would still have 17 days holiday if she worked Monday, Tuesday and Friday for example, so she doesn't get any extra holiday for working Tuesday, Wednesday and Thursday.

Bank holidays always fall on Mondays, Tuesdays and Fridays, so it makes sense that you would cover them. They don't ever fall on a Wednesday or Thursday. And only once a year on a Tuesday.

Only 20 days a year is 'standard' holiday, the other 8 days are made up from bank holidays. So 20 days pro rata is 12 days holiday, plus the one bank holiday making it 13 days.

4 extra days is alot of difference if she wouldn't even work them anyway, which is why I questioned it.

Hmmm....

The bank holidays are a red herring, there are many jobs that don't take bank hols these days.

Holiday leave is 28 days full time (which may or may not fall on bank hols) so pro rata is 16.8 days.

samiryn
Xmas day, boxing day and new year's day can fall on any day of the week, so I am confused by your statement that bank holidays never fall on weds or thurs! And which bank holiday is a tuesday??

Pro rata-ing bank holidays is fair and explicit - if you employed her on a monday, you'd soon realise that is is fairer this way!

Makes no difference what any of us thinks, under UK Employment legislation the minimum holiday entitlement is defined, so you have to offer it regardless. It's just one of the many things that employers have to do.

Will you be employing this nanny longterm of just for a fixed period (under a year) ?

Holiday entitlement isn't 4 weeks plus bank holidays - it's 28 days which can include bank holidays but don't have to.

You could require your employee to work every bank holiday, but they'd still have to have 28 days in total.

The bank holiday for Boxing day is on a Tuesday this year, as it is next year too. But yes, you're right about NY/Xmas/BD.

Thank you MumInBeds.

sorry that last message was delayed in posting?

nannynick, it's just for 10 months to cover the college academic year initially.

I'm honestly not trying to wriggle out of paying what I legally have to, it's just if I didn't have to pay it would be £350 less a year that I'd have to find, which as a single mum with three young kids it would be nice not to have to pay out.

Thank you for your help.

You're going to have to pay the nanny the same every week/month regardless of holidays, so best to just budget for that and not think of her holidays as costing you extra.

samiryn - you may want to look at holiday for atypical workers as if you will not be having the nanny for a year, you may need to use a different way of working out holiday, such as Term Time Only working for example (which I think requires that you calculate holiday on an Hours basis).

Consider what happens during college holidays?
Consider when your nanny would be able to take holiday - will you be restricting it such that holiday could only be taken outside of Term Time?

Agree with Missus that if you budget for paying the full holiday entitlement that would be best. Then if you are able to pay less (such as due to the nanny only working 10 months rather than whole year) then you get a little money left over.

Hiya,

If I work it out as 16.8 days / 12 (months) x 10 (months), comes to 14 days per year, but I will check this out to be sure... I don't want to be wrong on any part of this contract with her for anyones sake.
And yes I'll be asking that she has holiday preferably in term time. I don't know if I can insist this but from colleges point of view, if I don't turn up they won't pay the childcare, so again I will have to check this out.
She will be contracted for those 10 months including school holidays, when I will pay for her myself and not through college funding.

Thanks for your help

You are perfectly entitled to ask her to take her holidays during college holidays - just be upfront about it and include it in the contract. Normally an employer chooses half the holiday (to coincide with them going away, Christmas etc) and half is the nanny's choice - so you could pick 7 days each.

Thanks for letting me know that missus84. I don't really mind when in the holidays she takes them as long as she gives me notice of course. The only exception being Xmas I'd ask her to have the boxing day bank holiday off (28th), and probably the 2 days following, that way everyone gets some good family time over Xmas