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Holiday entitlement?

Discussion in 'Pay and conditions' started by zimon, May 5, 2012.

  1. Hi
    I've been working in a school on a maternity contract. I started after October half term, and have now been told that the postholder will return the week before the summer holidays.
    I kind of expected her to come back just before the summer to get her holiday pay (I probably would if I were in the same position), but surely I will be entitled to SOME holiday pay for the time I have worked?
    Does anyone know how this works please? Would I need to speak to the school/LA, or should it just automatically happen?
    I'm on MPS and contracted.
    Thanks
     
  2. Hi
    I've been working in a school on a maternity contract. I started after October half term, and have now been told that the postholder will return the week before the summer holidays.
    I kind of expected her to come back just before the summer to get her holiday pay (I probably would if I were in the same position), but surely I will be entitled to SOME holiday pay for the time I have worked?
    Does anyone know how this works please? Would I need to speak to the school/LA, or should it just automatically happen?
    I'm on MPS and contracted.
    Thanks
     
  3. Morninglover

    Morninglover Lead commenter

    You will have received holiday pay for Christmas & Easter, but - as your employment has finished before the start of the Summer holiday - you won't get anything then, in my experience...
     
  4. jubilee

    jubilee Star commenter

    You have no entitlement to pay after the last day of employment as your contract will state that your employment will cease on "x date or the reurn of the postholder, whichever is sooner".
    The only way to be potentially better off in such circumstances, where the postholder returns just before the 6 week holiday, is to be paid throughout on full supply daily rate by the LA, not on contract.
    Full supply daily rate is annual salary divided by 195. Thus you earn one day of paid holiday for each 3 days worked. 25% of pay is up-front holiday pay.
    If I were employed from the beginning of November until one week before the end of school in July at M6 on daily rate I'd earn approximately £25k if I worked every available day. I'd get around £22,200 if employed for full months November to June inclusive and half a month's pay in July.
    The trouble with daily pay is that you lose all sick pay entitlement and only claim for days in work. Also, the school could terminate your services early with as little as 24hrs notice.
    You will have been paid for 30 days of holiday on contract (10 days at Xmas/new Year, 5 at Feb half term, 10 days Spring Break + 5 days May/June half term).
    On daily rate, working 155 days approximately, you'd be paid for 51.6 days of holiday.
    The daily rate option, if you managed work on all possible days, would also increase your pensionable service if paying into the TPS.
    If you have a choice, the Autumn term is the best one to be on Daily rate as it's the longest term and you can thus earn more than the 3 weeks maximum of holiday associated with a contract.
    The Summer term is the best one to be on contract if you will be paid over the summer break, otherwise, daily rate is more lucrative.
    I wonder how many teachers plan their pregnancies to be bale to return on the first day of the summer break or just before it?
    As your pay will now cease in July, you can claim JSA from the first unemployed day but I'd advise waiting until your last pay has been received at the end of July before claiming or your July pay will cancel out all of August's JSA.
    Claim on 1st August and have the potential to get JSA throughout August and into the new school year if work doesn't materialise immediately.
     
  5. Thanks for your detailed answer.
    I'd heard somewhere along the line that I earned 1 days holiday for every three days worked, but I guess that is only on supply rate rather than contract.

    Does that mean I'm just out of luck for any holiday entitlement - I'm also assuming that it's very unlikely that I'd be able to switch to a daily rate to get some holiday pay in there :(
     
  6. jubilee

    jubilee Star commenter

    I've done some calculations based on M6 pay and getting contract pay for May, then changing to daily rate from then on, if it were possible, would only add about £260 to overall pay and that assumes not missing any school days from Frid 1st June until Friday 14th July.
    You are more vulnerable too near the end of term when on daily rate as they might just decide to manage with a Cover Supervisor for a few weeks to save money.
    Daily rate pay for work in June would not be paid until the end of July and work done in July would not be paid until the end of August. You would have a funding gap after your last contract pay at the end of May until the next daily rate pay at the end of July.
    July and August pay would make JSA claims over the summer problematic. You'd have to claim from 1st August and then sign off before the August 31st pay in order for it not to reduce or eliminate JSA for the next 4 weeks into September. Then sign on again at some point in September if no work materialises.
    Stay on contract now and claim JSA from 1st August, with free NI CREDITS THROWN IN. yOU HAVE TO BE AVAILABLE FOR F/T WORK (EVEN THOUGH THEY WILL HAVE little or nothing suitable on their system and be seeking f/t work, which you will be doing by searching for work for September.
    If you don't have a working partner,and your savings are below a certain level, you may be entitled to more than the basic £67-50 per week. means-tested JSA allows you to claim Housing benefit if you rent and Council Tax relief, as well as free NHS services (get expensive dental work sorted, have a free eye test and voucher off cost of glasses etc and free prescriptions).
     
  7. That is very noble of you but the kids will be fine without you. That is the problem with us teachers, we don't think that anyone else will care about our pupils as much as we do, or teach them as well as we do. They will, and they will learn!

    I think that when starting a family it is important to put the needs of your family ahead of the needs of the school. I may be unpopular saying this but it is a parent's role to put their child's needs first. That is why I took my maternity leave to run up until 3 days before the summer holidays. I made it clear from the start to everyone concerned that this was my intention as it was the only way I would survive financially as I am the main earner.

    Regarding the original question, yes, it does seem a little unfair about your holiday pay but it is the way it works unfortunately. I know my school had arranged to pay the person who covered me until the end of Aug but that is because they were desperate and willing to pay 2 lots of wages over the summer to guarantee stability for the kids - who knew he was about to get divorced and have to move to the other side of the country.
     
  8. Gardening Leaves

    Gardening Leaves New commenter

    Hope this information may additionally be of some use:
    The Working TIme Regulations [1996] provide that all workers have an annual leave entitlement of 5.6 weeks, including the 8 bank holidays. The right to paid leave accrues at the rate of 1/12th of the annual leave entitlement on the first day of each month.
    The provision gives a total of 28 days' annual leave (5.6 weeks x 5 days) for someone working 5 days a week.
    You started work after October half-term which was when? Monday 24th October? (I'm now retired so pay no attention to these things anymore.) The postholder is due to return the week before the summer holidays, so would I be right to assume that your contract will therefore end at the same time? When is the last day of the summer term - somewhere around 20th July? So you would leave - 13th?
    According to my pretty useless Maths (someone help if I've got this wrong, please!) you will have accrued 8/12ths of your annual leave entitlement, so will be entitled to two-thirds of your annual leave entitlement. I make that 19 days, because they have to round it up.
    Adding together all the paid holiday you have had since your contract started (Christmas, Easter, bank holidays), if it will not have amounted to 19 days, you are entitled to request taking your holiday entitlement. If, as in teaching, it is not practicable for holiday to be taken mid-term, you are allowed to be paid in lieu of holiday you were unable to take before the contract ended. If, however, you have had more paid holiday than the statutory minimum over the course of your contract, your employer had fulfilled his statuory duty and you are not entitled to be paid for any more.
     
  9. jubilee

    jubilee Star commenter

    No!
    The information in the previous post mentioned your entitlement to 19 days statutory minimum paid holiday for working 2/3rds of a year.
    You had paid hoilday from before Xmas 2011 until start of term in January, one week of half-term break paid in February, 2 weeks Spring break paid around Easter and will get another paid week in MAY/June. That definitely covers the legal minimum for your time served even though you won't have had pro-rata paid holidays in relation to the 13 weeks that a full school year entails.
     

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