Q: If we employ someone who we send to college two days a week, are they still entitled to 28 days’ holiday pay?
May 26 2010
Answered by: Peter Done Ask a question
Your first place to look at when considering this is the contract. The number of days holiday per year is set by the number of days that they are contracted to work.
In most cases attendance at college is a condition of the contract, with failure to do so being grounds for disciplinary sanction up to and including dismissal, so any attendance at college could be treated as time spent working under the contract. In those circumstances it is likely that the college days will count for calculating entitlement to annual leave so if they work three days for you and spend two days in college then their entitlement is likely to be 28 days per year, especially if they are required to attend work when the college is closed.
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