No paid holiday entitlement in term-time only contract

(6 Posts)
gingercat12 Wed 16-Oct-13 16:54:41

I need your advice, please.
I currently work 24 hours a week on flexitime, 1248 hours per year. Originally this meant 8 hours of work 3 days a working week. When DS went to school, I asked to change my hours to 4.48 hours per day, and not to have to work at half-terms. They agreed to that on condition that I cannot take more than 2-3 weeks during the summer holiday. No problem.

Now however it turns out they miscalculated my holidays, so they need to change my contract. It either stays as it is, and my pay decreases, as they overpaid me (when, pray tell?).

Or I can go term-time only with 30 hours a week, with absolutley no holiday entitlement. This cannot be right, can it? Is it legal not to pay holiday entitlement at all? What if DS gets sick? HR's response was "hmmmm..."

Trifle Wed 16-Oct-13 17:01:24

If you have all the school holidays off which equates to approx 12 weeks per year, why do you feel you should have even more holiday time.

I work term time only and have 4 weeks paid holiday a year. However I cannot take any holiday during term time. In other words I get 13 weeks holiday a year (school holidays), but only get paid for 4 of those 13 weeks.

If that is what you mean by no holiday entitlement then that would be perfectly normal for a term time only contract.

If your DS is sick, you should take an unpaid day. Most workplaces, mine included, won't let you take impromptu leave.

flowery Wed 16-Oct-13 18:00:46

If DS gets sick that is not a holiday issue anyway.

You are entitled to holiday pay, yes. If your contract is for 1248 hours you are entitled to 151 hours of holiday pay each year.

In the vast majority of cases, term time workers are not allowed to take any holiday during term time, but have to take it during the holidays, as Jemima describes. So as long as you get paid for 1248 + 151 hours in total, it's fine for them to say you cannot take holiday during term times.

Anyway, as I've said, that should make no difference to your ill child scenario.

gingercat12 Wed 16-Oct-13 18:16:56

Thanks ever so much, it has been very helpful and quick.

trifle I do not feel I am entitled to more holiday, I just think the loss of flexibility is not worth it. I hardly ever take the entire half-term off every single time.

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