Term time holiday pay

[Mayx]

My child starts school in September. I’m fortunate that my nanny will stay on and do school drop offs / picks ups. She will work on average 38 hours a week. If we change her contract to term time only, is she entitled to take holiday during the term time? If she is to work 2/3 weeks of school holidays is she entitled to annual leave during the term time?

She will be entitled to 5.6 weeks of holiday, pro rata. So if you decide that, say, she works 3 weeks of the holidays, then she'll work 42 weeks per year, so she'll be entitled to 28 x 42/52 = 22.61 days holiday.

As an employer you can specify when holiday is taken so you could write it in the contract that her holiday has to be taken during school holidays, which is quite common in school based jobs.

It will depend what her written employment contract says. you should probably seek help on the contract if you didn't know this so you don't slip up.

Yes she’s entitled to pro rata paid holiday but you can specify when they are taken

If you make it a 38 week contract then she’ll be entitled to some of those 38 weeks as holiday.

If you make it a longer contract then the holidays are still required but can be taken outside of term time.

e.g. Sept - July, working half terms and Easter and Christmas as holidays would come out about right.

I was thinking Sept - August term time with 3 weeks in school holidays. She doesn’t have children so asking her to have ‘holiday’ during school holidays doesn’t seem fair! For those 3 weeks if she worked around 55 hours a week, just wanted to see if there was any legal amount she’s entitled to. We have family that we can spend time with around school holidays

Thank you!

Thank you! There might be a way around it as she doesn’t have children! Holiday prices are expensive during school half terms. We have family we can ask to cover her holiday.