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Employer and holiday

5 replies

Mumofsend · 02/08/2021 20:33

Hi,

I employ a Pa to provide respite care for my disabled 6 year old. Funded by the local authority for 15 hours a week school holidays and 6 hours term time.

PA joined us April. Based on the hours I receive she would from start date until end of holiday yesr accrue 45.25 hours holiday.

She had 6 hours last month due to a last minute cancellation on her part.

Thursday evening she cancelled her booked in Friday shift requesting holiday for 'personal reasons, I did agree. Sunday she cancelled for Monday and Thursday this coming week on account of being ill and to put it through as holiday.

I've said no to putting it through as holiday. Offered she could make the hours up later in the month or take it as unpaid. She has demanded I put through SSP. Waiting on confirmation from payroll but I don't think she meets the earning threshold to be eligible for SSP.

She's kicked off at me that I'm piling on the stress when she's trying to look after her health. I have reiterated several times the issue is not at all that she is unwell (however internally dubious I am) but that I don't put it through as holiday. Between the 3 days she is wanting 24 of her remaining 39 hours forecast entitlement put through. She has only got 2 hours accrued so far after removing the 6 she had last month so 22 hours in advance of her acruing them which I don't feel comfortable with. I didn't mind the 8 hours for Friday going through but this week too was too much.

Have I done something legally wrong?

OP posts:
prh47bridge · 03/08/2021 13:24

You do not have to agree to her request to take it as holiday, particularly as she hasn't given adequate notice.

If she earns an average of at least £120 per week she may be eligible for SSP.

As far as I can see you are not doing anything legally wrong.

EmmaGrundyForPM · 03/08/2021 13:30

Are you/your ds receiving a Direct Payment from the LA? If so, is there an organisation supporting people with DPs? In our LA we commission an organisation to support DP users with payroll, contract, employment issues etc.

Lonecatwithkitten · 03/08/2021 13:59

She maybe entitled to SSP on her earnings, but it does not kick in till the fourth day of illness so she will get nothing for Monday and Tuesday. It can be useful in payroll to record this as sick do that you have a record and can see any pattern emerging.

poorbuthappy · 03/08/2021 14:01

Well yes, SSP won't kick in until day 4 so isn't an option.

caughtinanet · 03/08/2021 14:04

Are you sure you have your figures right? She's worked for you for 4 months but has only accrued 8 hours of holiday pay out of a total of over 45 for the year. When does the holiday year end?

I don't think you are wrong it what you are saying about not paying holiday that hasn't been accrued but something doesn't seem quite right on the hours

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