Teacher Holiday Pay Calculation - General - HR in Schools and Academies

2 Teacher Holiday Pay Calculation

28 Aug, 2021 13:00

We have a year round 0.4FTE teacher who has accrued holiday pay whilst on maternity leave but she is now leaving the school instead of returning. I am trying to get confirmation of what calculation should be used to work out how much holiday pay she is entitled to be paid.

Our payroll team have worked out her holiday pay by dividing her annual salary by 52 weeks to work out her usual weekly wage. The union rep has said this is incorrect and that this calculation should only be used for strike pay and that holiday pay should be worked out by dividing her annual salary by the 195 working days. I can not find any reference in the burgundy book regarding this and can only see online that the 195 calculation should be used for supply teachers and not year round teachers.

Does anyone know what is the correct calculation to use for teacher holiday pay for a year round teacher?

Thanks

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David | 0 Posts

29 Aug, 2021 14:01

Hi Dominique

Presumably your payroll people are wanting to use a rate of annual salary / 260

This is a complex topic but these links I think tend to indicate quite clearly that 28 days pa should be the pro rata accrual rate and that you can offset any accrual during maternity leave against paid school holidays already taken in the hol year before or after the ML but that any still outstanding should be calculated with the 195 days divisor and not 260. Benefit of doubt and 195 divisor instead of 260 is probably not going to be a vast difference anyway, so why not give it in this case rather than expend yet more staff time trying to decide?

The LGA might be able to advise directly if your employers are eligible for such a service.

www.local.gov.uk/.../school-teachers-0

Q14: Do teachers on maternity leave accrue a right to paid annual leave under the Working Time Regulations?
A1: All teachers have a statutory right to 28 days’ leave under the Working Time Regulations. As a result of case law in Gomez, a teacher must be able to take her annual leave at a time separate to her maternity leave. Very often the 28 days entitlement will have been met during school closure periods either before or after her period of maternity leave

www.nasuwt.org.uk/.../cdafaeab-563f-4f0a-b92c8e168924bbbb.pdf
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Dominique | 0 Posts

30 Aug, 2021 15:23

In reply to David:
Thank you David, that is really helpful.
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