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Annual leave for term time staff

Hello, 

I was wondering if anyone had any advice.  We employ term time only workers, but we are not a 'school' but offer tutoring. 

How does this work in terms of annual leave?  We pay their salary over 12 months - can contracts stipulate that annual leave is included in your annual salary, however you do not need to request leave, just ensure this is outside of term time? 

Essentially, like a usual fill time contract just with stipulations on when they take leave?   We have not reduced salaries to weeks worked, this is based on 12 months.

Many thanks in advance.

Natalie

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  • Hi Natalie, have you contacted our Employment Law free members' helpline? I'd be interested in what their advice is: www.cipd.org/.../

    My understanding is the contract can stipulate that annual leave is taken outside term time. But I'm not sure whether you need to explicitly say how many days are paid holidays in the contract.

    On the subject of term-time contracts, there've been a few interesting discussions on how the new holiday rules apply:
    community.cipd.co.uk/.../new-holiday-rules---do-they-apply-to-annualised-term-time-contracts

    community.cipd.co.uk/.../term-time-working-holiday-harpur-trust-and-christmas-shutdown
  • How much annual leave do you offer? Term time working usually implies about 13 weeks off per year. So are you giving 13 weeks annual leave per year? And if not, are you providing them with work for the weeks outside of term time that are not annual leave?

    I would be really clear on what you're offering and find out if you can do "rolled up" holiday, where you pay a % extra on salary in place of giving actual days off and it's up to the employee to budget for their unpaid time. It sounds like you are working on a form of annualised hours, where the working time per month may vary but the salary doesn't. If so, work out how much annual leave you are actually giving and you can stipulate when that annual leave must be taken (without this being named in contracts usually).
  • Hi Natalie

    In schools we use "paid weeks" which is working weeks + pro-rated holiday e.g. 38 working weeks + 5.5 weeks holiday.

    Salary is then pro-rated based on paid weeks (e.g. 43.5 / 52) and this is then paid across the 12 months equally.

    Our annual leave policy states that leave is allocated during school holiday periods.

    Hope this helps!