HR type question - leave owed when on term time contract?

[User2638483]

I work a term time contract - im not a teacher or anything but my work kindly agreed my request to work term time only.

My post is something like 17.9 hours pw across the year, but I work 20 hours per week, 39 weeks a year. I’m paid equally every month.
I started this contract and new hours arrangement 1st January 2018.

I’ve handed in my notice and last day will be 17th March which is approx 11/52 through the year (just over 20%). So in my mind I should be proportionately owed 20% of my 13 weeks per year leave.

I only will have had a bit of xmas hols and Feb half term, so let’s say 1.5 weeks.
20% of the leave I get across the year is 2.7 weeks.

I emailed HR to confirm what leave I will be owed when I leave and they responded that I ‘work a 39 week per year contract and therefore would not be due any leave’
But I don’t understand why that’s true?
Because of August I get more leave proportionately in the later half of the year.

I can sort of see maybe for teachers they do that for ease.
But I am not going to another term time only job so surely I lose out?

Does your holiday year run January to January? If so they are wrong, if you leave early you have to be paid for leave you have accrued and not taken.

If your contract is as they say for 20 hours per week over 39 weeks then your holiday entitlement (assuming legal minimum) would

20 hours x 5.6 weeks = 112 hours
39 weeks divided by 52 weeks = 0.75
112 x 75% = 84 hours (4 weeks 4 hours) per year

so if you leave after 11 weeks you have accrued as you say 21% of those hours which is 17.64 hours or just under 2 weeks.

Hang on I see you get paid equally every month. I think that does alter things.

I started this contract in a January, but don’t really have a ‘leave year’ as such as I can’t/don’t book annual leave whenever I want, it just goes by school holiday dates.

If I were on a normal contract like my colleagues then yes I think leave year is January and I’d have 6 weeks leave (pro rata).

Was just chatting to a friend about it: I think they’ll probably say that it’s not that I get 13 weeks leave a year it’s that my contracted hours are term time only so I think that changes things 😔
Still feels bit unfair

You defintely won't get 13 weeks leave a year. Even teachers only get the 5.6 or whatever, its just their salary which covers term time is divided out over the entire year, the rest is theoretically unpaid.

You wont get 13 weeks paid leave a year.

Looks like you might be about .9 of the original job. Is that 5 days a week?
If you were FT, you might accrue 6 days tops from. 1 Jan to 11 March. After half term and a bit of Xmas you will be at that sort of level, so I wouldn't push the paid additional leave bit.

But I could be wrong!

You say that a full timer gets 6 weeks a year - you would be entitled to the same, but based on *your" working hours , when looking at your hours spread over the year as if you worked every week. It works out as getting at around 11.5% of hours as holiday.

So if you work 20 hours a week for 39 weeks, that's 780 hours worked.

780/52 weeks a year = 15. So you are entitled to 15x6 = 90 hours of paid leave a year.

11 weeks of that would be 19 hours, or just less than the amount you actually work in a week. So i suspect you've taken it all already....

Yes when you put it like that…

You’re all right. Only 6 of the 13 weeks per year I don’t work will be paid holiday.

I’m about 0.5FTE across the year.