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Direct payments guidance

Annual leave and pay rates

Annual leave

Your employee will be entitled to paid annual leave. This should be agreed when an employee starts work and included in the employee's written contract. Almost all workers are legally entitled to 5.6 weeks paid holiday per year (known as statutory leave entitlement or annual leave). An employer can include bank holidays as part of statutory annual leave.

If you employ a replacement personal assistant to cover annual leave of your regular personal assistant you will be required to provide details of the replacement personal assistant to the council who will arrange an additional payment to you.

Pay rates

You will need to ensure that your minimum rate of pay conforms to the requirements of the National Living Wage.

Payroll service

The council provides a free payroll support service. You can ask an independent organisation to provide this service for you if you prefer. Any charge by an independent organisation must be paid from your existing Direct Payment.

Statutory payments

You may need to pay your employees' statutory payments even when they are not actually working for you - for example, if they are sick and entitled to statutory sick pay or on maternity leave and entitled to statutory maternity pay.

If your personal assistant is on long term absence or has given notice, you should contact the Direct Payments advisor immediately for advice.

Employer responsibilities

The council will expect you to fulfil your responsibilities as an employer. Failure to do this may result in the council withdrawing your Direct Payment and arranging services to meet your needs.