Annual leave entitlement care sector

[ERnomore]

I work as a carer on PAYE for an employer who manages their own care budget and package.

Hours are 3 nights a week: 4.30pm to 8.30am. 4.30-9pm are counted as 'day' hours. 9pm - 8.30am counted as 'sleep in' night hours, even though often awake during night for approx 1.5hrs of the 11.5hrs sleep in hours. All hours are paid at NM wage.

Can anyone tell me what the legal entitlement to paid A/L should be and how it is worked out? Is there a difference between day hours and sleep in hours worked in respect of entitlement? Currently appear to only be allowed 3 weeks off per year (9 nights divided by 3) Is this correct?

I love the job but struggling in school holidays, particularly as parents live overseas and end up using 2/3 of my leave allowance in the summer for a family visit of a couple of weeks. I only have 2 days A/L left for rest of the year, yet the day staff working 8.30 to 12.30pm 5 days a week, take 6 weeks off in total.

Statutory annual leave is 5.6 weeks (of your weeks, so 3 ‘nights’) paid leave. That’s the legal minimum each year. So it doesn’t sound like you’re getting your legal minimum unless you are being paid for some of your entitlement due to unusual hours?

You should have annual leave pro-rata to 3 days a week- whether you work days or nights. It doesn't make sense if you are working a 13hr+ night, and they are only working 4hr day shifts- that they are getting 6 weeks leave though!
What is in your contract? Do you have a union? If not, try acas.

@lickycat 'Statutory annual leave is 5.6 weeks (of your weeks, so 3 ‘nights’) paid leave.' Sorry but I don't understand that.

@JC03745 They work 5 days a week. I only work 3 days inc nights just different times.

On top of that, I and the other 2 night workers (2 nights each) =7 nights plus are expected to work a Sat night on a rota system (say every 4-8 weeks) but that isn't counted towards our A/L despite it being in our contract.

https://www.gov.uk/calculate-your-holiday-entitlement

see if this can help you work it out.

I’m wondering if they are basing it on 17 days leave then taking off bank hols and leaving you with 9 days to use the rest of the year?

not saying that’s right but some places seem to do that.

Multiply however many hours you do per week by 5.6 and that's how many hours holiday you are due. Is it 3 x 16 hour shifts?

That's 268.8 hours holiday or 16.8 days of 16 hours

Thank you all for taking the time to reply. I had worked out the same on Gov website @dementedpixie and @CoffeeCakeAndALattePlease but wondered if as hours were 'sleep in duties' these were discounted towards annual leave or allowed but at a different rate.

I will take it up with the person who does the wages.

Not sure but you’re being paid so it’s work hours.

“Where a worker is required to remain on the employer’s premises or their place of work overnight, even if they are allowed to sleep for all or most of the shift, the whole period will count as working time for the purposes of the Working Time Regulations. This is because the worker is considered to be ‘at the employer’s disposal’ because they are required to remain on site and may be called on during the night to perform their duties.”

I think it does count as it fits in with the WTR description of working time, as explained above.