Term-time Only Guidelines

Transcription

1 Term-time Only Guidelines 1 What is a Term-time Only contract? Term-time means staff who work less than fifty-two weeks per year including holidays. Historically at Middlesbrough College, a Term-time Only contract means that an employee would only be employed during teaching weeks - in most cases, for 38 or 40 weeks a year. More recently the College employs a number of staff on a Term-time Only contract however the working pattern may not necessarily be based on the on teaching weeks and are more likely to be based on meeting the needs of the College business and operational requirements. 2 How does an employee on a Term-time Only contract know what days to work? The contract of employment for Term-time Only employees identifies how many weeks / days the employee should work. The working days exclude Bank / Public Holidays. For example, if you are contracted to work 37 hours for 40 weeks, you must work 200 days (pro rata) per academic year excluding Bank / Public Holidays. The employee and Line Manager must maintain accurate records. Please refer to Table 1 (page 3). 3 Are Term-time Only employees entitled to Annual Leave? Employees on Term-time Only contracts are not provided with an allocation of Annual Leave, however they are entitled by law to paid time off and this entitlement is added on (on a pro rata basis) to the weeks worked to establish the overall salary. For example - if an employee on a Term-time Only contract for 38 weeks and there is an Annual Leave entitlement of 6 weeks, then the employee must be paid for 38 weeks, plus their Annual Leave entitlement (reduced on a pro rata basis). The Annual Leave entitlement includes Bank / Public Holidays pro rata. Please refer to Table 1 (page 2). 1

2 Table 1 Breakdown of Term-time Only Weeks Contractual Working Weeks Working Days Holiday Entitlement Paid Weeks Nil Pay FTE FTE As per Contract of Employment. Excluding Bank Holidays (based on 37 hours per week) Including Bank Holiday Contractual Weeks plus Holiday Entitlement weeks per annum Example based on 37 hours per week Example based on 18.5 hours per week 42 weeks 210 (days) 6.12 weeks weeks 4.02 weeks 0.923fte 0.449fte 40 weeks 200 (days) 5.83 weeks weeks 6.31 weeks 0.879fte 0.427fte 38 weeks 190 (days) 5.53 weeks weeks 8.61 weeks 0.835fte 0.406fte 36 weeks 180 (days) 5.25 weeks weeks weeks 0.791fte 0.385fte 34 weeks 170 (days) 4.96 weeks weeks weeks 0.747fte 0.363fte 32 weeks 160 (days) 4.66 weeks weeks weeks 0.703fte 0.342fte 30 weeks 150 (days) 4.37 weeks weeks weeks 0.659fte 0.320fte 2

3 4 How is the Holiday Entitlement for Term-time Only employees calculated? The Holiday Entitlement is based on a Whole Time Equivalent comparator. For example: Whole Time Equivalent 37 hours per week Term-time Only (42 weeks) 37 hours per week Term-time Only (30 weeks) 37 hours per week Working Weeks per annum weeks (365 days 7 calendar days) weeks (365 days 7 calendar days) weeks (365 days 7 calendar days) Working Days Per annum days (52.14 weeks x 5 working days) 210 days (42 weeks x 5 working days) 150 days (30 weeks x 5 working days) Holidays 30 days pro rata 30 days (5 weeks) days or 4.83 weeks (30 days x 42 weeks) days or 3.45 weeks (30 days x 30 weeks) Bank Holidays 8 days per annum 8 days 6.45 days 1.29 weeks (8 days x 42 weeks) 4.60 days or 0.92 weeks (8 days x 30 weeks) Total Holidays Total Weeks Paid Whole time Equivalent 7.6 weeks 6.12 weeks 4.37 weeks fte fte fte Where an employee is on a Term-time Only Business Support Contract their entitlement to any holiday is based on a Whole time Equivalent comparator. The Term-time Only employee will receive the equivalent Holiday Entitlement on a pro rata basis. 3

4 5 Are employees with a Term-time Only contract entitled to Bank / Public holidays? Employees on a Term-time Only contract are paid a pro-rata of all Bank / Public holidays in the annual salary. If a Bank Holiday falls within one of your normal contracted working weeks, since you have already been paid for that day as part of the holiday factor, you will be required to either attend for work that day or work an alternative day. 6 How do I receive my pay for Holiday Entitlement and Bank / Public Holidays? The annual salary for employees on a Term-time Only contract includes pay for Holiday Entitlement and Bank Holidays. This combined salary is divided into 12 and paid in equal monthly instalments throughout the year to ensure that the employee receives regular payments and has paid time off work. 7 What happens if I want to take Annual Leave during Term-time? Employees on a Term-time Only contract are not permitted to take Annual Leave during Term-time without express prior authorisation by the Line Manager which will only be granted in exceptional circumstances. Normally only statutory and authorised special leave requests will normally be granted during Term-time. This is to ensure the College is able to maintain the necessary levels of service to students whilst being as consistent and fair as possible to all Term-time staff. However some areas of the College may permit a request for Annual Leave during Term-time, in particular where the needs of the business require employees to be present outside of Term-time. 8 What happens if an employee Term-time Only contract works more hours than contracted? Pay for employees on Term-time Only contacts will reflect their contractual working arrangements. If an employee on Term-time Only contracts agree with their Line Manager to undertake work outside of their contracted hours they should agree with their Line Manager how this time is taken. The employee can agree with the Line Manager how to be remunerated, either an Overtime Claim or Time Off In Lieu (TOIL). It may be necessary to consider including any such additional hours to be incorporated into contractual arrangements if they are an on-going feature of the role. 4

5 9 What happens if an employee with a Term-time Only contract changes their hours and / or weeks mid-way through an academic year? Term-time staff who change their hours and/or weeks mid-way through their anniversary year will have the pay for their previous post recalculated by the Human Resource Department to ensure that they have received the correct pay for the weeks and hours worked including holiday pay. 10 What is a Whole Time Equivalent? A Whole Time Equivalent (WTE) is a unit that indicates the working patterns of an employee in a way that makes employment contractual terms comparable. Employment contractual terms are based on an employee working full-time and over 52 weeks. The WTE (also known as Full-time Equivalent (FTE)) is used to ensure non full-time employees receive equal employment contractual terms. 11 How is my Term-time Only Salary calculated? A formula is used to calculate the annual salary of all employees working on less than a full-time contract. The formula can be found in Table 2 (page 6). 5

6 Table 2 Calculating Term-time Only Salary Employee One 30 hours per week, 38 weeks per annum Whole time Equivalent Salary Contract Hours 37 (no of hours in normal working week) Paid Weeks 7 (days per week) 365 (no of days in the year) = Actual Salary 10,000 per annum 6, ,000 per annum , ,000 (38 weeks 365 per annum plus = 13, weeks 25,000 holiday per annum entitlement) 16, ,000 per annum 20,

7 Employee Two 18.5 hours per week, 34 weeks per annum Whole time Equivalent Salary Contract Hours 37 (no of hours in normal working week) Paid Weeks 7 (days per week) 365 (no of days in the year) = Actual Salary 10,000 per annum 3, ,000 per annum , ,000 (34 weeks per annum plus = 7, weeks 25,000 holiday per annum entitlement) 9, ,000 per annum 11,

8 Hours Worked Per Week 12 What is my Whole time Equivalent? Table 3 provides an example of Whole time Equivalent (also known as Fulltime Equivalent (FTE) - This should be used as a guide. Table 3 Your WTE (Whole time Equivalent) Weeks Worked

9 13 Are employees on Term-time Only contracts entitled to Leave of Absence? All employees are entitled to request special leave under Leave of Absence. The Line Manager will consider the request in accordance with the Leave of Absence Schedule (please refer to the Human Resources Handbook). Any approved Leave of Absence request will be on a pro rata basis. 14 Are employees on a Term-time Only contract allowed to hold other employment? All employees should refer to their contracts of employment where there is a clause on Exclusivity of Service. All employees are required under their contract to write to the Principal / Chief executive (via Human Resources) requesting permission to undertake the other employment and providing details of any other employment and how this will affect their employment with the College. The Principal / Chief Executive will respond to the request. If you have any question regarding the Term-time Only Guidelines please contact your Human Resources Business Partner in the first instance. Alison Stephenson Director of Human Resources 24 April