Holiday problem

[lynnfi]

One of my parents can take up to 6 weeks holidays per 12 months and do not pay me for these (I was desperate at the time).

Last year they spread them out and were quite surprised when I invoiced them their last 2 weeks of hols (had already taken their 6 weeks). So take quite a lot of them.

This year they are not sure to continue with me after January as may have to move due to mum possibly loosing her job and having to relocate.

So I am sure of them til end of Jan only.

They have just taken 2 weeks off in Oct, are taking 2 more weeks in November and 1 week at Christmas, so that will amount to 5 weeks.

Yet if they stop end of January, pro rata they are untitled to only 3 weeks (August to end of Jan) aren't they?

But in my contract nowhere is specifies that they can only take 3 weeks in the first 6 months and then 3 more in the the following 6 months...

Do you have any advice? I think I have to sort this out now (that is, if I can do anything about it) as I know they will not accept to give me back some hol money in the end if they so go in Jan...

Any thoughts please???

[Goatgirl]

Hi,
Personally I think that, unless it states pro rata in the contract, there's nothing you can do. It sounds as though they're taking their free holiday weeks in time for the possibility of leaving at the end of Jan....

We learn so much about how to word contracts from these instances that only occur as we go along... There's just so much to think about :panic:.
If they do end up staying you could introduce a new policy for those parents with free holiday, stating it is pro rata, so either a certain amount of weeks per section of the year are free or extra weeks taken over the period will be calculated and payable as part of the final invoice.

My parents all pay full for their time off, nothing for mine.

Good luck, hope it works out the way you want :thumbsup:

[Mouse]

I agree with Goatgirl, unless it specifically says the 6 weeks holiday is pro rata I don't think there is much you can enforce legally.

I wouldn't do you any harm to mention that holiday time is pro rata (even though it doesn't say so in your contract), so if they should leave in January they will only have been entitled to 3 weeks. Tell them that as the contract may not continue after January you think the best option would be to allow 3 weeks unpaid holiday up until then, otherwise they may end up owing you money if they've taken more than they're entitled to. If the contract does continue past January they will of course have another 3 weeks to take after then.

Also, don't forget to mention that if they are going to give notice, the notice period can't include any holiday time. ie. they couldn't give 4 weeks notice & want to use the last of their free holiday weeks as one of those weeks.

They may realise that their contract doesn't actually say the holidat time is pro rata, so don't agree with you, but it's worth a try :thumbsup:

[lynnfi]

I agree with Goatgirl, unless it specifically says the 6 weeks holiday is pro rata I don't think there is much you can enforce legally.

I wouldn't do you any harm to mention that holiday time is pro rata (even though it doesn't say so in your contract), so if they should leave in January they will only have been entitled to 3 weeks. Tell them that as the contract may not continue after January you think the best option would be to allow 3 weeks unpaid holiday up until then, otherwise they may end up owing you money if they've taken more than they're entitled to. If the contract does continue past January they will of course have another 3 weeks to take after then.

Also, don't forget to mention that if they are going to give notice, the notice period can't include any holiday time. ie. they couldn't give 4 weeks notice & want to use the last of their free holiday weeks as one of those weeks.

They may realise that their contract doesn't actually say the holidat time is pro rata, so don't agree with you, but it's worth a try :thumbsup:



Thank you for this. i have just taken my contract to see exactly what I had written and oh surprise:

"The parents can can take up to 6 weeks of 4 days or 24 days included bank holidays in 12 months, starting on the 1st September 1012 pro rata
(12 days in first 6 months) without paying any fees for these holidays. Full fees apply for more holiday days."

OMG am I covered???

[The Juggler]

i would speak to NCMA or MM for advice hon. I'd say that 6 weeks per year means just that and it's automatically pro-rated (as holidays at a workplace would be if you left during the year and you would owe back/have deducted holiday pay) but contracts need to be watertight.

[Goatgirl]

As you have stated 12 days in first 6 months, I would just invoice them for one of the weeks in november and the december week. Then if they query it I would refer them to the contract :thumbsup:

[Mouse]

Thank you for this. i have just taken my contract to see exactly what I had written and oh surprise:

"The parents can can take up to 6 weeks of 4 days or 24 days included bank holidays in 12 months, starting on the 1st September 1012 pro rata
(12 days in first 6 months) without paying any fees for these holidays. Full fees apply for more holiday days."

OMG am I covered???

It does look as if you're covered :thumbsup: You could always phone your insurance company (MM or NCMA) to double check.

[lynnfi]

Thank you! I think I will try it out and if they start protesting I will call NCMA to double check. It is likely they will be fine with it as is plainly written...
Thank you every one.