Hi
If a member of staff is contracted to work 44 weeks and they work an additional 175 hours during term time, to accrue time off but have been off sick for the majority of the academic year, therefore worked no additional hours, would they still be entitled to the time off even though they won't have worked the additional hours ?
Thanks
If that's the wording of their contract (you will work X hours in term time and be entitled to Y hours leave in the school holidays) then yes they will be entitled to the time off. It's not overtime, it's basically a term time hours arrangement.
I believe - and would love to get Nina's input on this, because TTO contracts are a thing I'm familiar with but by no means expert - that they are still entitled to the time off, but if they haven't accrued the necessary additional hours' work, some of that time off will be unpaid.
It all depends on the wording - if the contract for TTO is effectively just smoothing out payment through the year, so the monthly hours vary but the annual hours are fixed, I would see that as a contractual agreement and would need to be paid. If instead the contract is for (say) 20 hours per week during school terms, and an optional additional 175 hours worked by agreement to offset the reduction - well, again it would depend on the custom and practice of it all. But you might be able to avoid it.
Equally, what's the situation with their sick pay? If they've been off for most of the year, I'm guessing that might be a more relevant area to focus on?
Happy to be more helpful if you were happy to paste the wording of the agreement Helen.
