You should say how much holiday your personal assistant has per year and when the holiday year starts and finishes, for example 1 January – 31 December. It is good to be clear about things like how bank holidays will be treated and the process for agreeing time off.
All workers are legally entitled to a minimum of 5.6 weeks’ paid holiday a year. This is a minimum entitlement – you can choose to offer more. The statutory paid holiday entitlement is capped at 28 days. So, a worker who works five or six days a week is entitled to 28 days’ paid holiday, including bank holidays; while a worker who works two and a half days a week is entitled to 14 days leave, including bank holidays.
If your personal assistant works part-time in a flexible working pattern, it might be easier to calculate their holiday allowance in hours rather than days. For example, a worker works three days a week. Their leave is calculated by multiplying 3 by 5.6, which comes to 16.8 days of annual paid leave. You can work out the holiday allowance of someone who works irregular hours e.g. shift work by using an online calculator www.gov.uk/holiday-entitlement-rights.
To work out holiday pay
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Fixed or contracted hours |
Normal weekly pay |
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Shift with fixed hours |
An average of the number of fixed hours worked in the last 12 weeks at an average hourly rate. |
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Casual work |
An average of the pay received each week (in which your PA was on holiday or sick for all or part of one of these 12 weeks, do not use this week but go back one further or more if necessary. |
Holiday pay must be based on the worker’s average pay. So if their normal pay includes extra money for working unsocial hours, so must the holiday pay.
Bank and public holidays
You can count any days off for public or bank holidays towards your personal assistant’s statutory holiday entitlement – but only as long as you pay them for those days off. You do not have to give your personal assistant paid time off for bank and public holidays, but you need to be clear about this in their contract of employment. If someone stops working for you, they are entitled to be paid for any holiday they are due but not taken.
Sick leave and pay arrangements
Statutory Sick Pay (SSP) is paid to employees who are unable to work because of illness. SSP is paid at the same time and in the same way as you would pay wages for the same period.
If your personal assistant is unable to work for four or more days in a row, you must pay SSP. SSP starts on the fourth day your personal assistant is off. You do not have to pay SSP if your personal assistant earns less than £111.00 (before tax) per week. This is the Lower Earnings Limit. Your personal assistant must tell you they are sick within the terms of their contract.
For up to seven days of sickness your personal assistant can self-certificate. After seven days your personal assistant will need to produce a statement of fitness (or fit note) from their doctor.
You must keep all records of sickness periods lasting for four days in a row or longer and all SSP payments you make. You can use a form provided by HMRC to keep these records.