As with many schools and academic settings where employees work term time the holidays are actually a lot longer … If you do not have a valid business reason for rejecting an employees request for holiday then you must attempt to resolve it with discussion. Plus of course most businesses prefer to spread holiday about a bit and people avoiding school holidays is good for the business. Now, however, head teachers can’t grant any authorised absence during term-time, unless in exceptional circumstances. There has just been a section on the BBC news about stronger measures to stop taking holidays in School Term Time. There has been much focus recently on whether parents are able to take their children on holiday in term time, but to what extent are teachers able to take time off during term time? Ms Bazel was not required to work during school holidays and the number of working weeks in each academic year would vary between 32 and 35. Can I just ignore the rules and take my children on holiday in term time? The law says that parents do not have the right to take their child out of school for holidays during term-time. to be at work during term-time weeks and to take holidays only during school closure. Do you want to do that? if they are job sharing it may be that the teacher who had holiday will be covering extra days later in the term - maybe to cover training time for the other one. Children are at school for 190 days in the year. Taking holidays in school time is not acceptable. Schools can treat this as a disciplinary matter and withhold pay for any unauthorised leave. The official word from Department of Education in Queensland is that they ‘encourage you not to schedule holidays during school time’. The law relating to the taking of term time holidays by pupils at maintained schools and special schools not maintained by a local authority is set out in Regulation 7 of the Education (Pupil Registration) (England) Regulations 2006, as amended by the Education (Pupil Registration) (England) (Amendment) Regulations 2013. Out of interest, is the employer in this case a public organisation of some form or other? My dad took a days unpaid leave to watch me and my brother graduate. You quote your CSR policy as being "we support staff, customers and suppliers who want to act in a more responsible manner - environmentally, socially etc." It can also be helpful to have an express contractual requirement to enable schools to require staff to participate in capability or disciplinary processes during holiday periods, rather than have to delay addressing these to the start of the following term. And further, if your family holiday is over 10 consecutive days and that is during term time there is a set of procedures that you should follow: let the teacher know as far in advance as possible It would be usual to see provisions in teachers’ contracts requiring them to be available either side of the holiday periods to undertake training, or similar, and to otherwise be available as needed to discharge their duties. I am not a HR professional, I run a small IT company (27 staff) with no HR input except what I am learning as I need to. No, all school staff get their time off in school holidays. The school may also decide to take the child off roll unless there is a good reason for the continued absence, such as illness. Without the consent of the school, our employee would be breaking the law, and this could reflect on the Company. I am sorry but [...] - Poster:Zoe L(10) - Page: 2 - Pages:5 - … How Covid-19 caused a psychological pandemic, Outsourcing your payroll is easier than you think, How to look after employee financial wellbeing. There is no right of appeal. Many staff in schools are on term time only contracts. Annual leave and public holiday statement A Annual leave and public holiday entitlements for school support staff on 52 paid weeks per year Annual leave entitlement (full-time and part-time staff) The annual leave year is 1 April to 31 March. We do receive queries from time to time from schools about the options where staff have taken unauthorised absence during term time. So you see John, it is NOT AGAINST the law to take holiday in term time. Ms Bazel was a part time employee, in that she did less than full time hours when working, and she also worked term time only. John, you've made exactly the right decision. These responses have been based on the law (which seems sensible) and the rights of the employee. Term time leave or holidays. I’d favour each school choosing a different week each term in which everything is extra-curricular and allowing term-time holidays then. In addition teachers can be required to work “such reasonable additional hours as may be needed to discharge effectively their professional duties”. For just a holiday away somewhere, no, we have to take them in school holidays. If parents take holidays in term time without prior permission, headteachers are instructed to mark absence as unauthorised: in school registers; and pupil records. If nothing else it would tangle the employer up in knots trying to defend themselves, and I would consider that a risk they take when interefering in the lives of employees just because they mistakenly believe that they are sitting on a higher moral plane than said employee. London WC1R 4HQ. Do you know the four basic components of EI. Schools may have reason to be suspicious when absences coincide with sporting events, festivals, or if they follow a request for time off that has been rejected. This week's TES magazine is available in all good newsagents. Can you recover it? A one-stop shop for teachers who want to know what impact the ongoing pandemic will have on their working lives. It seems by asking this question my entire approach has been called into question by the HR profession. It is a decision based on many variables, and can only be made by the parents and their school. We are also frequently asked whether schools are able to consult with staff during holiday periods, about any potential contractual changes or in the event of redundancy or restructuring processes. Children of compulsory school age who are registered at a school must, by law, attend that school regularly. The report undermines claims by the Department of Education who say that every day of school mis… I hope that you aren't put off from seeking advice again - we tend not to dress things up but we mean well. There are 175 other days (weekends and school holidays) available which would not have a negative effect on your child’s education. You will end up with a very unhappy employee, a possible grievance and a request to take holiday at another time (also in term time). Thanks Keith, fair points and succinctly put. For maintained schools and academies that adhere to the School Teachers’ Pay and Conditions Document and the Burgundy Book, the provisions are clear. So maybe rather than taking extra holiday she was actually just varying her working time in that instance. And once again, I apologise if I came accross as harsh regarding your original question. John, I don't think you've been treated too harshly with any of these replies, and stating in a post that you 'object to her doing this on moral grounds' when writing about someone who's submitted a holiday request might well have resulted in far stronger replies. After that business needs and organisation culture will direct our advice. So, what about the school holiday periods; are they sacrosanct or can schools require staff to work? Here's someone who's avoiding that and you're still questioning whether she should go! Heavers Farm has a very strict policy about term time holidays. You also have to apply your policies and actions consistently across the company, which means if you take this attitude with 1 employee you have to take it with everyone. (hey, if employers and whomever else can use it to their advantage, then why not?). Might be an idea to wind back a little on the vitriol. Just defend the rights of parents to make their own choices, within the confines of the law. This website and its content is subject to our Terms and If you were my employer, I'd let you block my leave, and then I'd sue you for breeching my human rights, and you'd deserve to be taken to the cleaners! And are all holiday periods “holiday”, or is it reasonable for schools to expect teachers to work or be contactable during school holiday periods? What is the law regarding term-time holidays?The law says that parents do not have the right to take their child out of school for holidays during term-time. For example, you may be able to take a Year R 5 year-old out of school for a week in June and it have no tangible detrimental affect on their education, but take a 16 year old out a week before GCSE's and the stance would be different. Part of our company's CSR policy states that we support staff, customers and suppliers who want to act in a more responsible manner - environmentally, socially etc. If term time only staff are required to work outside their normal contracted hours, i.e. Thanks to everybody who responded to my question. 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If fining parents for taking their children out for holidays during the school term is meant to be a deterrent, it may have backfired. Schools used to have the discretion to allow up to 10 days' term-time holiday each year in 'special circumstances'. Removing them from school during term-time sends a message to the school community and, more importantly, to your child, that you don’t take their education very seriously. To download the digital edition, Android users can click here and iOS users can click here, Want to keep up with the latest education news and opinion? 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. 3) Consider whether you are applying your policies in the way that you say that you will. Regular attendance is the best way of ensuring that a child makes the most of the educational opportunities available to him or her. After 5 years, they receive an additional 4 days annual leave taking the totals to 25 and 35. If you wish to request more than ten days leave please ask for a copy of our Extended Leave Leaflet from the address above or download a copy here. I get a bit wound up with mostly mediocre HR 'professionals' who seem to think that once they get someone on the payroll it gives them carte blanche to tell them how to live their lives. Employment legislation allows it to happen to a certain degree, but does not make it right. This means that they are not contracted or paid to work during school closure periods. As a school, we are no longer prepared to accept that our children will miss out on their education due to absence during term time. Hopefully this trend of employers trying to run people's lives - because of their social responsibility policy or under any other guise - will soon shake itself out, but I fear not. This is the equivalent of 5.6 weeks of holiday. This would usually encompass expectations on staff to prepare classrooms and plan lessons for the following term during holiday periods, as well as attending to support pupils when exam results are published. For those who want to take their child out of school for a holiday in term time, permission must be … Most schools and staff do recognise the importance of preserving holiday periods for staff for work-life balance, but most staff will be expected to undertake some work to effectively discharge their professional duties and flexibility is needed. But I do not believe the law is specific in this - so theoretically I suppose you could reject it. Schools can also investigate further where they have reason to suspect that a legitimate explanation for term-time absence (for example, sickness, or time to care for a dependant) is not genuine. John, your morals on the matter or indeed whether any of us within this HR community agree or disagree with your principles is irrelevent really. The purpose of the scheme is to improve the retention of existing staff and facilitate the recruitment of external candidates whose domestic commitments mean that they are only available for work during UCL term times. For example, where I live many people work in the tourist industry and their partners often cannot take time off in the school holidays / it may be the only time that they can visit relatives due to their commitments etc. That's great, a very positive approach but where does it say that you will seek to prevent staff from acting in ways in their private life that you consider not to be socially responsible? In this case if you had asked you would have known that the school had given permission which would have gone some way to addressing your concerns. Sandwiches, 3 things I’ll miss not teaching from home with children, How ‘Bottle Moments’ brought meaning to lockdown, Dunblane tragedy’s 25th anniversary to be marked today, Law forcing schools to cut uniform costs a step closer, 'Strange' lack of positives from school Covid tests, Revealed: Salaries of our biggest academy chain chiefs, News briefing: What Gavin Williamson told heads today, Exclusive: 7 academy leaders now paid more than £250K, Exclusive: Alert over theft of teachers' pandemic pay, Covid: Primaries could be 'advised' to limit attendance, 'Insufficient' focus on school ventilation, say experts. Why are these deemed as an important reason to miss education but a holiday is not? Parents across England who take their children out of school without permission will face a fine and can be prosecuted, even if their child has a high general attendance. If you tried to use this you would almost certainly fail.And I am not sure why you think John deserves to be taken to the cleaners....he has a view, one personally I dont share but it is sincerely held. Employment law as I said in my original answer gives employers the right to refuse holiday requests. Schools minister Nick Gibb said the government 'wholeheartedly' supports the legislation. I guess the question is are you running a business or a moral crusade? 1) Discuss the situation with the person concerned first. I am aware she is not allowed to take her child out of school without their permission, but she may do this anyway. Anon - your views appear to be as extreme as those of John just in the other direction. While there is nothing to stop schools communicating with staff outside of term time, it is essential that sufficient time is built into term time to ensure that the consultation is genuine and all staff are given the opportunity to contribute. The issue of parents taking children out of school in term time has been in the headlines over the last few months – but what are the rules for teachers? Everyone is entitled to their personal opinion, but if this lady is grown up enough to be in charge of children then I believe she deserves respect in being able to make her own choices about when to take them on holiday. So no pay in holidays as term time only.” A – “39 weeks split over 11 months then statutory 5.6 weeks during August holidays.” A – “If someone worked say 3 days a week during term time instead of 5 would their paid holiday be less (pro rata)?” A – “Mine is all added up including holiday and split over 12 months” An opinion poll last night revealed that more than half of parents with youngsters under 18 would take them out of school in term-time to get a cheaper holiday. An employee has submitted a holiday request which will mean she takes holiday with her children during school term time. In these circumstances the parent must tell the school about the reason for the continued absence as soon as possible. Independent schools and academies that are not bound by the STP&CD and Burgundy Book provisions have more flexibility. However why would you? There are obvious examples of how to do this when dealing with suppliers, with staff this is trickier. However, if you ultimately reject the request, and the employee feels your decision has been reached unfairly, she can take you to a tribunal. This is quite simply not the case. I really don't think it is anyone's business except the school and the parents. They can only agree to absence of more than 10 school days in a school year if … Taking a child on holiday in term time interrupts the learning of the whole class. SCC cannot override a school’s decision not to authorise any term time leave. in the school holidays, then they should be … Many schools close for teacher training days during term time and if their school is being used as a polling station. So in employment law terms it is perfectly possible to achieve this end. But the Scottish government advises that schools will not normally give a family permission to take pupils out of school for holidays. End of story. They'd soon let you know, via the exit, if that was the case. That would mean that … Tes Global Ltd is Employees on term time only contracts are not allowed to take annual leave during term time, managers can authorise unpaid leave in exceptional circumstances. Most workers who work a 5-day week must receive at least 28 days’ paid annual leave a year. Square Children are only at school for a short time, surely people can wait before they go on their multiple holidays during term times. Schools should invite parents to discuss any proposed holiday in term time. Actually according to the info you have posted and I make no independent judgement on it it is NOT up to the parents and the school but up to the school alone. 2)Be prepared to consider valid and pressing reasons for the request, in this case taking holidays in term time. Conditions. Is term-time really all work and no play? How would preventing a member of staff from taking holiday in term time so that they do not take their children out of school "support" them? 4 ways to ensure online CPD courses are worth it, What's missing in your GCSE English class? Teachers must be available for work for 195 days, of which 190 of these are teaching days and up to 5 days are in-service or INSET training days, which usually take place either side of term time. This is the first time I've posted a question on here and given the response, I'll come back again, if I dare. registered in England (Company No 02017289) with its registered office at 26 Red Lion 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. I wish you luck, and hope I haven't put you off from seeking advice on this forum. Our policy since 2007 is to refuse all applications for holidays during term time. I place equal importance on school and holidays and a lot of people fail to realise some people just cannot afford half term holidays prices so term time is the way to go.