ABERDEEN CITY COUNCIL EDUCATION & CHILDREN’S SERVICES Circular Ref: INF/ASC/062/15 Date: PRIORITY: Action: 26 November 2015 Respond By: Please address enquiries to : Kirsten Foley, Business Partner, HR Service Information: Tel: 01224 523894 √ Policy: Procedure: Int. Email: ACC Website: www.aberdeencity.gov.uk Replaces Circular: INF/ASC/035/15 Admin. Handbook Ref: CALCULATION OF PRO RATA ENTITLEMENT TO INSET/PUBLIC HOLIDAYS/SCHOOL CLOSURE DAYS FOR PART YEAR WORKERS It is recognised that within schools there are teaching and support staff who do not work a standard full-time arrangement. Annually this can cause issues when public holidays and in-service days are taken into consideration. Depending on individual work patterns some staff could end up working more than their contracted days/hours, while others work less. This can cause confusion and upset when individuals perceive that colleagues work less than them but are contracted for the same number of days. Additionally as an organization we need to ensure that employees work the hours they are contracted for, and address any situations where this may not happen. The following is a briefing paper and instructions for Head Teachers in how to manage this situation. While the examples refer to the 2015-2016 academic year, it should be noted that the guidance applies to any future academic year. Head Teachers should ensure that prior to the start of the academic year that they follow the guidance, taking into account any changes in the INSET and public holiday provisions. Staff who do not work a full time week should be advised if, as a result of the way public holidays and INSET days, they are: Owed days/hours Required to work “additional” days Not affected by the public holidays and INSET days and by working their agreed work pattern they are working all their contracted hours. GAYLE GORMAN DIRECTOR INSET DAYS A full time employee on a 39 week contract works 190 teaching days plus 5 INSET days each year A part time employee on a 39 week contract works a pro rata equivalent proportionate to the FTE hours they work:1.0 FTE (5 days) = 190 teaching days plus 5 INSET days – 195 days 0.8 FTE (4 days) = 152 teaching days plus 4 INSET days – 156 days 0.6 FTE (3 days) = 114 teaching days plus 3 INSET days – 117 days 0.4 FTE (2 days) = 76 teaching days plus 2 INSET days – 78 days 0.2 FTE (1 day) = 38 teaching days plus1 INSET day - 39 days If when having counted up the number of days in term time the employee has gone over their proportionate amount of working days they should arrange with the Head Teacher when they can take time off to ensure they are only working their proportionate amount of working days. If all 5 INSET days fall on days that the employee would normally be working, they would arrange with the Head Teacher which days they would not come in for. If the Authority is deeming all 5 INSET days to be essential, thus requiring the employee to come in, they will be paid for any additional days worked. Where a part time employee chooses to attend additional inset days over and above those that are proportionate to their contract, a professional dialogue between the teacher and the HT should take place in advance of the training, focusing on the appropriateness of the training and how the training meets the needs of both the part time employee and the school. Where the training is deemed appropriate, payment should be claimed in the usual manner. The INSET days for 2015/16 are as follows: Monday 17 August 2015 Monday 16 November 2015 Tuesday 16 February 2016 Wednesday 17 February 2016 Tuesday 3 May 2016 PUBLIC HOLIDAYS/SCHOOL CLOSURE DAYS Prior to the start of the academic year the Head Teacher should consider the pattern of holidays and school closure days in regard to part-time staff. These will total 5 days an academic year, although the days of the week on which they fall could vary year to year. Similar to the INSET days there is a ratio of PH “entitlement” dependent on the FTE worked 1.0 FTE (5 days) = 195 teaching days minus 5 PH/school closures 0.8 FTE (4 days) = 156 teaching days minus 4 PH/school closures 0.6 FTE (3 days) = 117 teaching days minus 3 PH/school closures 0.4 FTE (2 days) = 78 teaching days minus 2 PH/school closures 0.2 FTE (1 day) = 39 teaching days minus 1 PH/school closures To ensure that arrangements are in place for individuals to ensure they are undertaking the right number of hours the following calculations should be undertaken. Calculation one Multiply the number of working days per week by 39 (how many weeks teaching takes place in) = number of working days (this includes INSET days) – minus the PH pro-rated number of days (as per above) This is the number of days an employee is contracted to work Example Employee A works Monday, Tuesday, Friday Employee B works Tuesday-Thursday The contract for both equates to them working (39 X 0.6FTE – PH allocation of 3 days) – 114 days. This is what they are contracted and paid to work. Calculation two To find the numbers of days an employee will work, due to their working pattern, the following calculation should be used. You will need the details of the PH/school closures for that academic year. These may vary from year to year, but will always total 5 days. Number of days contracted to work (FTE X 39) – number of PH/school closures that their normal working days fall on = number of days the employee will actually work The PHs for 2015/16 is as follows: • Monday 4th January • Tuesday 5th January • Monday 15th February • Friday 25th March • Monday 2nd May Example using 2015/16 Employee A: Works on Monday, Tuesday and Friday. - All 5 of the public holidays / school closure days fall on the days they would normally work 39 X 0.6 (number of weeks X FTE) = 117 days (this includes the INSET day allocation) Minus – 5 days when the employee would normally be at work but because the school is closed will not be will not = 112 days worked 114 days (contracted days) – 112 days = 2 days This equates to an employee working 2 days less than they are contracted to do so Employee B: 0.6 X 39 = 117 Minus 1 day (as the only public holiday they would normally work is the Tuesday) – this employee would therefore work 116 days 114 days – 116 days = -2 days Employee A owes 2 days Employee B is owed 2 days The head teacher should ensure that employees who are owed / owe days are advised of this at the earliest opportunity. Essentially employees should work their contracted days, and agreement should be reached how this will happen. Where the agreement is that an individual will work their pattern with no adjustments to offset any additional / shortfall HRSC should be advised and adjustments will be made for payroll to reflect this. Summary In order to ensure employees work their contracted hours, and there is consistency regardless of individual work patterns managers should review on an annual basis that their staff are: Attending the appropriate number of INSET days (these may run on days the individual wouldn’t normally work, and as such the employee should be advised in good time to ensure they are able to attend) Where more than the pro-rata number of INSET days are deemed essential then the individual should be advised of this, and if appropriate arrangements for payment for attendance should be made. The below table is a ready reckoner which should be used as a guide, the only variation annually will be the days on which the PH/school closures fall. 1.0 FTE 0.8 FTE 0.6 FTE 0.4 FTE 0.2 FTE Number of teaching days to work 190 152 114 76 38 Number of Total INSET days number of to attend days of work 5 195 4 156 3 117 2 78 1 39 PH entitlement Contracted days 5 4 3 2 1 190 152 114 78 38 Essentially staff should work the number of days for which they are contracted, the detail of the above table can be shared with them to clarify the number of days this is. There are two calculations you need to be aware of Calculation one, details of which are provided earlier in this paper. The sum of this calculation is actually given in the last column of the above and as such you will not need to carry out the calculation. It’s important though that you understand how it is reached. Calculation two, Number of days contracted to work (FTE X 39) – number of PH/school closures that their normal working days fall on = number of days the employee will actually work Where there is a difference in contracted days and days worked the resolution should be that they work an additional day(s) or are given an additional day(s) off to make up the balance. Where it is agreed that this will not be the resolution then the HRSC need to be advised in order to ensure any over or underpayment is addresses. Charlie Penman Head of Education Services Circulation: All Schools
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