Term-time only workers have specific holiday entitlement calculated based on their working weeks, requiring careful pro-rata calculations to ensure correct statutory compliance.

Key Takeaways

  • Term-time workers have different holiday calculations
  • Entitlement based on working weeks, not calendar weeks
  • Statutory minimum still applies (5.6 weeks)
  • Pro-rata calculation essential for accuracy
  • Clear policies prevent disputes

What Are Term-Time Workers

Definition

  • Work during school terms - only when schools are open
  • Don’t work during holidays - school holiday periods
  • Common in education - teaching assistants, support staff
  • Fixed working pattern - aligned with school calendar

Types of Term-Time Work

  • Full-term - work all school terms
  • Partial-term - work some terms only
  • Flexible term - variable hours during term
  • Fixed-term - specific weeks per year

Holiday Entitlement Calculation

Statutory Position

  • 5.6 weeks - minimum annual entitlement
  • Pro-rata - based on working weeks
  • Cannot be reduced - below statutory minimum
  • Contract terms - may enhance above statutory

Calculation Methods

Method 1: Working Weeks Basis

  • Total working weeks per year: 39 weeks (typical term-time)
  • Statutory entitlement: 5.6 weeks
  • Calculation: 5.6 weeks ÷ 52 weeks × 39 weeks = 4.2 weeks
  • In days: 4.2 × 5 = 21 days (for 5-day week)

Method 2: Weekly Hours Basis

  • Working hours per week: 20 hours
  • Annual entitlement: 20 × 5.6 = 112 hours
  • In days: 112 ÷ 8 = 14 days (for 8-hour day)

Method 3: Pro-Rata by Weeks

  • Weeks worked: 39
  • Weeks not worked: 13
  • Entitlement: 39 ÷ 52 × 28 = 21 days

Common Scenarios

Scenario 1: Teaching Assistant

  • Works: 39 weeks per year
  • Days per week: 5
  • Entitlement: 39 ÷ 52 × 28 = 21 days
  • Can take: During school holidays (if not working)

Scenario 2: Part-Time Term Worker

  • Works: 39 weeks per year
  • Days per week: 3
  • Entitlement: 39 ÷ 52 × 16.8 = 12.6 days
  • Can take: During school holidays (if not working)

Scenario 3: Flexible Term Worker

  • Works: Variable weeks per year
  • Hours per week: 15
  • Entitlement: Based on actual working weeks
  • Calculation: Working weeks ÷ 52 × statutory entitlement

Policy Considerations

Key Elements

Element Considerations
Working weeks How many weeks per year
Entitlement calculation Pro-rata method used
Bank holidays Included or additional
Carry-over Rules for unused leave
Payment How holiday pay is calculated

Policy Template

Term-Time Holiday Policy

1. Working Weeks: [X] weeks per year
2. Entitlement: Pro-rata based on working weeks
3. Bank Holidays: [included/additional]
4. Carry-Over: [X] days maximum
5. Usage: Can be taken during school holidays
6. Payment: [method of calculation]

Bank Holidays

Treatment

  • Included in entitlement - if bank holidays fall during term
  • Additional - if bank holidays fall outside term
  • Pro-rata - for part-time workers
  • Policy dependent - what contract states

Calculation

  • Bank holidays during term: Usually 6-8 days
  • Bank holidays outside term: Additional entitlement
  • Contract terms: Specify treatment

Payment Calculation

Holiday Pay Basis

  • Average weekly earnings - over 52 weeks
  • Working weeks only - if not paid for non-working weeks
  • Full pay - if paid year-round
  • Contract dependent - what agreement states

Example

  • Annual salary: £25,000
  • Working weeks: 39
  • Weekly pay: £25,000 ÷ 39 = £641.03
  • Holiday pay: Based on weekly rate

Managing Term-Time Leave

For HR Teams

  1. Calculate entitlement - pro-rata based on working weeks
  2. Configure system - allow for term-time patterns
  3. Communicate clearly - inform employees of entitlement
  4. Monitor usage - ensure leave is taken
  5. Handle queries - respond to questions

For Managers

  • Understand calculation - know how entitlement works
  • Plan coverage - arrange work during term
  • Handle requests - process leave as normal
  • Document decisions - record all leave decisions
  • Support employees - help with leave planning

Compliance Checklist

  • Working weeks clearly defined
  • Entitlement calculated correctly
  • Bank holiday treatment specified
  • Payment method documented
  • Carry-over rules established
  • Employees informed of entitlement
  • System configured for term-time
  • Regular review scheduled
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