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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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There, I am a Teacher Assistant on a term time only contract

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HI there, I am a Teacher Assistant on a term time only contract (39weeks) I recently have been told we get paid for all holidays which that would mean then 52 weeks. I would like to be clarified if this is true as my wages is 20 000 but then pro rata becomes 18 000. Kind regards ANA
Submitted: 1 year ago.
Category: Employment Law
Expert:  Remus2004 replied 1 year ago.
How can I help with this please?
Customer: replied 1 year ago.
Dear Remus2004, my employment contract recently has changed. I am a teacher assistant in a special needs school for over 15 years, my recent conract stipulates that I am on a term time only - 39 weeks and that my wages is £ 20664 per annum which is pro rata £17586.74 per annum to mine term time only weeks and mine contracted hours include payment in respect of mine annual leave and bank/public holidays entitlement.
My question is, what does it mean 39 weeks, I know it sounds silly what I am asking, but I am confused I thought term time only was that I only got paid for the 39 weeks and not for 52 weeks. I recently got sick 3 days before my holidays start which was a week and my employer asked me to bring a doctor certificate, which it was not a problem, but if I didn't got pai for the holiday why would I bring a 8 days doctor certificate to work when I was 3 days sick?? when I question this they told me that we got paid for the holidays and that is why I needed to aquire a doctor certificate while I was on holiday. School holidays you cant choose they are set by the government and I feel that it becomes misleading when I need to ask for a 8 days sick doctor certificate when I was for 4 which I could have got a self certificate. I hope I am not sounding silly but I am confused. Kind regards Ana
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. Do you have a copy of the contract you can attach here please so I can take a look?
Customer: replied 1 year ago.
Dear Ben, Thank you for your quick response, here is my current employment contract. Kind Regards Ana
Expert:  Ben Jones replied 1 year ago.
The 39 weeks reflects the number of weeks which amount to term-time. So in a year of 52 weeks, 39 weeks will be during term time and the other 13 will be half term and holidays. You still get paid for these holidays because your pay is included in your salary. As far as medical certificates are concerned, a self certification is required for absences of up to 7 calendar days. Anything above that would require a formal doctor’s certificate. It is important to note that these 7 calendar days include working days and days off. So it does not matter if you were on holiday or not, what matters is how many days you absent due to the illness, including days off or holidays. If it was above 7 then you would need to supply a medical certificate. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46794
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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