Copyright © 2019 National Education Union, Hamilton House, Mabledon Place, London WC1H 9BD. ** “Green Book” staff, including school support staff, with less than 5 years service receive 21 days annual leave, plus 8 Bank Holidays and 2 Extra Statutory Holiday days, to give a total of 31 days leave. There are rules about what employees get at work, such as what hours they work and how often they have to have a break. As a person whose father had no choice but to take his annual holidays in term time when we were kids, as an ex-teacher myself, as a wife and mother as well, I know that some people still have no choice but to take annual leave out of school holiday time – employers can’t have everyone off at once so leave is spread throughout the entire year. Can you ensure that in redundancy situations for support staff, individual or collective, that one of these two correct formulae are used to calculate their redundancy payment. Seems like education is not as valued as holidays. And to find out more about Term-Time only pay matters, please click here. The original story raised my hackles. This means that they are not contracted or paid to work during school closure periods. And as you will see, there are many other positive aspects to the guidance. Confirm with the employer which TTO pay formula they are using. Jon Richards is head of education and local government for Unison, the public services union, It only takes a moment and you'll get access to more news, plus courses, jobs and teaching resources tailored to you, How do young people feel about being back in school en masse? Going away during school holidays can cost four times as much as during a term They removed all references to family holidays from the regulations and said head teachers could … Support staff should be treated the same as teachers. Together, we can shape the future of education. An initial section of guidance on term-time working has now been agreed between the local government employers and the recognised trade unions. This website and its content is subject to our Terms and NEU advice on term-time only working policies, pay and leave calculations for support staff. To add to the problems, there are many variations in contracts and inconsistencies in the formulas used for calculating term-time payments, particularly around annual leave, maternity and sick pay. I expect normal employment rules apply, but teachers/school staff take their holidays during school holidays. However, as austerity continues and schools are encouraged by the Department for Education and school resource managing advisers to save money, it gets tougher to negotiate compensation. However, school holidays will normally count towards your period of continuous employment. Support staff members should liaise with their school Rep or Contact, or in the absence of one, with your Branch Secretary, to ensure that the school conducts the review in a timely manner. The guidance recommends that employers review their term-time only working policies and pay and leave calculations to ensure that they are consistent with the principles outlined in this guidance, and consult with recognised trade unions about any proposed changes. You can only do … For example, a worker would give 3 days’ notice for 1 day’s leave. Working part-time Part-time workers are entitled to at least 5.6 weeks’ paid holiday, but this will amount to fewer than 28 days. Unlike teachers, most support staff members are employed on a term-time only basis. So no pay in holidays as term time only.”. The council site states teacher working days would be 195 day per year which works out at 39 weeks (guess it is same for support staff). Why not compare staff across the whole school workforce? Can you recover it? The numerator must therefore reflect this e.g. It is intended in due course to issue further guidance relating to sickness and maternity, maternity support, adoption, parental and shared parental leave and pay for term-time only employees.Â. A recent case has also brought to light the fact that some employers may be short-changing their support staff employees in the matter of redundancy payments. Keep NEU support staff members in the school/MAT/LA“in the loop” at all times. Now, however, head teachers can’t grant any authorised absence during term-time, unless in exceptional circumstances. Or would the school holidays count towards my … Whilst there is no reason to believe that significant numbers of LAs, MATs or academies are using an incorrect formula to calculate the pay of their support staff, can I ask you to: We are already aware that LB Lewisham have been using the same formula as Greenwich, and any further examples which come to light of an employer using a less-advantageous formula for our members will be actioned by the NEU. Vital support staff. Since September 2013, legislation concerning term-time holidays has changed.Previously, schools were allowed to grant leave for family holidays of up to 10 days per year, and of over 10 days in ‘exceptional circumstances’, at the head teacher’s discretion. The current fines are £60, though this sum increases to £120 if the amount is not paid within 21 days. Term-time contracts for half of the school workforce are divisive, bad for morale and unfair. Now, I’m not arguing that teachers should be moved on to term-time-only contracts. After 5 years, they receive an additional 4 days annual leave taking the totals to 25 and 35. Whilst there are a number of formulae used by employers to calculate the actual pay of TTO employees (apparently, there are 18 in use around the country), it has recently come to light that some employers may not necessarily be using a formula which adequately compensates their support staff. The Settlement Agreement and the Variation Document can be accessed separately from the related documents below. You've lost control of a class. A new formula for calculating the annual leave for TTO staff was introduced. Term time staff are typically expected to take their annual leave and bank holiday entitlement during school holidays. I have been on the receiving end of some criticism, following my comments in a Tes story, which noted that the Department for Education was holding up a school that moved admin staff to term-time contracts as showing “good practice”. in the school holidays, then they should … Promoted by H Danson on behalf of the National Education Union, both of Hamilton House, Mabledon Place, London WC1H 9BD. Nonetheless, they generally get paid the same full-year hours. Schools used to have the discretion to allow up to 10 days' term-time holiday each year in 'special circumstances'. No. But, as they are seen to be in continuous employment, they are unable to claim out-of-work benefits, despite not being paid for some periods of school closure. if the school is open for 39 weeks pa, but the employee works for an additional 10 days/2 weeks, then the numerator should be 41. Support staff love their jobs, but they feel undervalued. to be at work during term-time weeks and to take holidays only during school closure. One of Unison’s recent surveys showed that around three-quarters of staff were doing work previously done by staff at a higher grade, and most had not been trained to do it. 2014. Why are these deemed as an important reason to miss education but a holiday is not? Then large numbers were moved on to term-time contracts, when local authorities changed their pay and grading systems. Square If term time only staff are required to work outside their normal contracted hours, i.e. You work on a term-time only contract that doesn't cover school holidays. There is, however, a discretionary power held by Headteachers to authorise absence in exceptional circumstances. Term 4: 3 October to 20 December (Tuesday) 2015. 4.4 – Advertising of posts. The correct enhanced rates are set out in Green Book, Part 3, Section 2.6. Finally, most schools will take your children on residential school trips. Historically, support staff in maintained schools were employed on yearly contracts. Holidays during term-time and authorised absence from school You are required under the Education Act (1996) to ensure your child attends school regularly. This is clearly unfair, as the TTO worker is not paid for 52 weeks, but somewhat less (normally within the range of 42 to 46 weeks per year). If schools want TTO staff to provide cover during holidays, they must agree to do so and paid appropriately at the correct overtime rate or given time off in lieu (TOIL) at the same rate. Teachers and other term-time only staff are generally not able to take holiday during term times, and schools can only rarely accommodate any requests for discretionary leave, given the potential impact on pupils and other colleagues. Come on guys, you have school holidays for things like that," Loretta Seeber said. So is this calculation correct: £7.05 x 37 hours per week = £260.85 x 39 weeks = £10173.15 per year. The current and proposed school holidays for South Africa. The law is silent on term-timers’ holiday entitlement but given that they are ‘in’ work if not ‘at’ work during school closure, there is an argument against reducing leave entitlement. In order to accurately calculate the salary for a term time only employee, the pro rata amount of … Holidays in term time You have to get permission from the head teacher if you want to take your child out of school during term time. As jobs are cut in schools, many are picking up additional work. INSET days, 10 days additional for working in the school holidays, etc. These rules can be set out in different places such as an award, registered agreement or an employment contract. Term-time working employees must take their paid annual holiday entitlement during the school holidays and will, in addition to their paid annual holiday entitlement, be entitled to take a maximum of [12] weeks' unpaid leave per year, on a pro-rata basis. As part of the 2016-18 pay deal, the local government employers and the recognised trade unions agreed to conduct a joint review of term-time working to consider a national approach “to deliver fair, consistent and transparent contracts for school support staff”. This means being paid only for the weeks that the school is open, e.g. If full-time, you are entitled to a minimum of 31 days paid leave per year, inclusive of bank and extra statutory holidays, with a further 4 days after 5 years of continuous service. The periods of school holidays (or periods when no work is done) are ignored when assessing hours of work so the number of hours you work during term time applies to you throughout the whole year. Schools should be asked to confirm how TTO pay is being calculated, and to ensure that the calculation is included in the Statement of Particulars of Employment. 37 hours per week, term time only. At the time, councils argued that, under equal-pay legislation, they had to compare school staff to other council workers. The rules were tightened in Sept 2013 though – now head teachers at state schools in England can only give permission for term-time absences in "exceptional circumstances". Term-time contracts have meant that some support staff have seen their pay cut by more than 20 per cent. Should it transpire that the employer is using an invalid formula, please inform Peter Morris, the National Official for Support Staff. But the law around holidays and their relationship to benefits makes things more confusing: term-time workers are able to claim in-work benefits. If you find that they are using an incorrect formula i.e. After 5 years, they receive an additional 4 days annual leave taking the totals to 25 and 35. Districts and Reps will be aware that most school support staff in the maintained sector and in academies are not paid on a 52-week basis, but only for the weeks worked during the year plus their leave entitlement (which is reduced on a pro-rata basis). An initial section of guidance has now been agreed and covers the following issues: The guidance will be incorporated as Part 4.12 into the next updated version of the National Agreement (‘Green Book’). 3.4 Head teachers of schools will consider all term time leave requests. For example, Maria is a single parent who works 20 hours per week during term time, i.e. In exceptional circumstances, however schools can allow parents to take their child out of class for up to ten days in a school year. It's very rare for teacher to take holiday in term time, but I think there may be very rare exceptions. 4.6 – INSET. You should also be aware that some employers have agreed additional annual leave, on top of the “Green Book” minima. I agree that a relevant qualification should be rewarded, but teachers already get a significantly higher hourly rate than most support staff. Schools minister Nick Gibb said the government 'wholeheartedly' supports the legislation. registered in England (Company No 02017289) with its registered office at 26 Red Lion This document includes the recent variation to the Support Staff in Schools' Collective Agreement that implements the settlement of the Teacher Aide Pay Equity Claim (TAPEC). Term 1: 28 January (school teachers start) to 27 March Term 2: 13 April to 26 June Term 3: 13 July to 18 September Term 4: 5 October to 18 December. Some good employers recognised the unfairness and put into place ameliorating measures, such as reviewing grading and enhanced protections. Now, as more and more staff work for academies, this is no longer the case: the comparators disappear. They're unfair', Year 11 student: 'We're guinea pigs for the population', 'Teenagers need sleep – so let's change the school day'. one which uses a full-year denominator, rather than one based on the actual weeks worked by a 52-week school employee, then raise the matter with HR. New Professionals and Young Workers Conference, Not what you were looking for? For example we had 2 support staff leave on the last day of term prior to the Easter hols and then were paid up to the last day of the holidays, even though the 4 … 3.2 Parents and carers who regularly take their child out of school in term time may be prosecuted via the Magistrates Court. The law says that parents do not have the right to take their child out of school for holidays during term-time. Many schools close for teacher training days during term time and if their school is being used as a polling station. This is a welcome restatement of the official position on occasional and regular additional hours worked. Term time only is working during term time. It’s a sad fact that some support staff need to claim benefits to top up their low wages. ** “Green Book” staff, including school support staff, with less than 5 years service receive 21 days annual leave, plus 8 Bank Holidays and 2 Extra Statutory Holiday days, to give a total of 31 days leave. Employee entitlements. But the law around holidays and their relationship to benefits makes things more confusing: term-time workers are able to claim in-work benefits. Where employers are insistent, 'Term-time contracts for support staff? These employees are considered to take their annual leave during school closure periods and payment for annual leave and bank holidays is incorporated into their annual salary. To read the full Greenwich Council report, please click here. Some employers have attempted to use a formula which divides the actual pay of the TTO worker by 52.14 (weeks). This was not just because it was low-paid staff taking the brunt of cuts again, but because support staff were not being treated equitably. 3.3 Parents/carers are legally required to request exceptional term time leave from the Head teacher of the school at which their child is registered. My friend is a teacher and has had to take time off during school to look after her daughter but you don't expect that do you, you can't predict the emergency situations, as in any job Parents who take their child out of school for a holiday during term time without having obtained permission from the headteacher beforehand are liable to receive a fine. 2020 2021 2022 2021. Many staff in schools are on term time only contracts. 4.5 – Pay for additional hours. The complexities of Universal Credit complicate matters further. The outcome means that if you have term time workers you cannot pro-rata their holiday entitlement and pay on the basis that they only work part of the year and therefore you should not use the 12.07% calculation as the Trust were doing in this case. Back-payments of up to 6 years were agreed for staff affected by the use of the erroneous formula. One of my critics suggested that the difference is that teachers are qualified and have extra work to do, such as planning, marking and meeting targets. We would specifically refer members and Reps to the following paragraphs: 4.2 – Calculation of pay. 4 ways to ensure online CPD courses are worth it, What's missing in your GCSE English class? Support staff are now routinely working record levels of unpaid hours. A one-stop shop for teachers who want to know what impact the ongoing pandemic will have on their working lives. This will be relevant if you want to claim statutory maternity pay (SMP), which requires that you have worked for a continuous period of 26 weeks. The term ends on 23rd July. If I were to hand in my notice (one month) after the 23rd June, would I have to go back in September, given that I am not paid for school holidays? It was in Greenwich that this issue was brought into the public spotlight, when an out of court settlement was reached late last year between the LA and the recognised Unions. "So over kids always being taken out of class in term time. We ask those employed all year round to take their annual leave in school holidays wherever possible (it states this in their contracts) although in practice this hasn't happened and one or two staff have consistently taken their annual leave outside of these times (which not only presents problems of cover but also means we have staff sitting about in school holidays with nothing to do). 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And surely, anyway, equal-pay law wasn’t meant to slash the pay of an already low-paid, predominantly female workforce? Another survey, of around 15,000 members, showed a dedicated workforce demoralised about pay, with 90 per cent of respondents reporting concerns. Support staff (directly or indirectly) play a vital role in improving educational outcomes for children and young people. 39 weeks, plus paid leave entitlement. Derbyshire County Council has changed its rules over parents taking children on holidays during term time following Isle of Wight father Jon Platt's victory at The High Court last May. Actual pay divided by actually paid weeks (weeks worked plus pro-rated leave).  Prior to this, Greenwich had calculated TTO holiday entitlement thus: However, they have now agreed to a new formula, which ensures that TTO staff are treated fairly, and on the same basis as their 52-week colleagues: * Many support staff will, of course, work more than just the time when the school is open e.g. Why are school support staff only given term-time contracts when teachers are paid all year round, asks Jon Richards. The unfairness of term-time contracts are part of this. A – “39 weeks split over 11 months then statutory 5.6 weeks during August holidays.”.
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