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Holidays

Almost all workers are legally entitled to a minimum of 5.6 weeks paid holiday
per year (known as statutory leave entitlement or annual leave).

Part-time workers are entitled to this amount pro rata – for example if your care
worker works three days per week then they will be entitled to 16.8 days’ annual
leave (three days per week x 5.6 weeks).

If your personal assistant doesn’t work full days and works irregular hours, you
can calculate their entitlement based on 12.07% of the hours worked.

Example: Mary works 17 hours one week, 20 hours the next week, and then
15 hours for next two weeks. After a month of working, she would like to take some
time off. She has accrued approximately 8 hours of paid leave (67 hours @ 12.07%)
and can agree a suitable time with you to take them off. When she takes them,
you would pay her normal hourly wage.

There is no legal right to take bank holidays off. This is not to say an employee
could not ask for a bank holiday as a day off under their overall leave entitlement.

There is a holiday entitlement calculator that you can use here:

www.gov.uk/calculate-your-holiday-entitlement

Summary of employment rights

The table here summarises some of an employee’s main employment rights. The
positions for workers and the self-employed are also stated, for comparison purposes.

Employment Employee Worker Self- More info?
right employed

National ✔ ✔ www.gov.uk/
Living/ national-minimum-
Minimum wage
Wage

Paid annual ✔ ✔ www.gov.uk/holiday-
leave entitlement-rights

Maternity, ✔ Usually www.gov.uk/
Paternity, no browse/working/
Adoption leave (unless time-off
and pay they are
paid
under
PAYE)

(continued)

page 20 Taking on a personal assistant – a basic guide • Employment law