a Sift Media publication

Ask the expert: Can they replace my holiday with childcare?

Posted by Martin Brewer, Esther Smith in Pay & benefits, Employment law on Fri, 18/12/2009 - 10:00

If an employer is making a contribution to childcare, can they remove some of my leave entitlement? And should I be able to avoid tax on the childcare?

The question:

I have a little boy aged two and my current employer has agreed to pay my £245 that I would get from the childcare voucher scheme direct to his nursery. This is not reflected in my pay slip and I am worried that it could appear on my P11D as a benefit.

As we've had a busy year at the office I haven't managed to take my holiday and I have 17 days owing. My boss has said that these will pay for the £245 a month childcare he has been paying for the last three months. I'm worried now that I will have no holiday but the help of the childcare money is making a huge difference to our lives.
I'm hoping someone can give me some advice as to what to do and if what they are doing is right. They tend to play loose with the rules but I was sure he couldn't take my holiday leave.

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Hence our decision to start up a Review slot on the site to look at those everyday stories that are all around us from an HR perspective.

Although we've been publishing book reviews (take a look at our Book Club list of suggested possible non-fiction works for evaluation here) for some time, you may also have noticed that we've been running a weekly home page blog on The Apprentice courtesy of The Chemistry Group for a while now.

And Pauline Wood, managing director at specialist retail headhunter, court & spark consulting, was likewise kind enough to write our first film review on the Headhunters movie.

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