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Family away, do they pay me?

(8 Posts)
Thoughtfulduck Thu 01-Sep-16 10:06:59

Hi,
The family I nanny for have been away for the past fortnight so I was told not to come in. I assumed it was the two weeks mentioned in my contract where they get to choose the dates of my paid leave.

I just spoken to MB and apparently I haven't accrued enough holiday to take it as that, and they want to use their two weeks elsewhere. As far as I know they are expecting me to take it as unpaid leave!

I'm a bit stuck as I now have no wage for two weeks! Am I right in thinking they should pay me for it? I would've happily gone in and done nursery duties but I assumed it was their two week allowance.

nannynick Thu 01-Sep-16 13:03:15

They should pay you. It is their choice to go away. They could ask you to go in to work to do other reasonable tasks, such as sorting out toys, batch cooking.

Suggest that they contact their payroll provider for advice as you are unwilling to take it as unpaid leave but will take it as part of annual holiday entitlement.

insancerre Thu 01-Sep-16 13:11:53

They should pay you
What does it say in your contract abut holiday?

I thought that you didn't have to accrue holiday before taking it

I think they are being very unfair and possibly in breach of contract

Get some proper legal advice because they sound like they are taking advantage of you

Blondeshavemorefun Thu 01-Sep-16 16:04:14

Absolutely they should pay you

Why should you lose out as they go away

This should be in contract

Their choice to go away. They pay you

Thoughtfulduck Fri 02-Sep-16 22:19:47

My contract clearly states that I work x hours per week, they choose 2 weeks holiday, I choose the rest. I got them to remove the bit about being able to 'lay me off' before I signed it.

I've spoken to MB and explained the problem and she has reluctantly agreed to count it as the two weeks of my paid holiday that they can choose - hurrah!

It wouldn't happen in any other job. Thanks for the advice!

Backingvocals Fri 02-Sep-16 22:24:44

They've got a flipping nerve. You hadn't taken holiday. They didn't require your services but are under contract to pay you. I'd keep an eye on this lot if I were you

Karoleann Fri 02-Sep-16 23:15:39

insancerre - you do normally have to accrue holiday before taking it, but not if the family decide they're are going to take their leave first (employers can chose when employees take leave, but they can't decide not to pay them for it!)
Well done OP on taking a stand, hope you're relationship is smoother from now on.

Forresitters1 Sat 03-Sep-16 20:17:28

Of course they pay you and sounds like they were really trying it on so that's why now your mb has agreed to take it from your annual leave! What a cheek! I'm sure your contract says 4 weeks notice of holiday and tbh this should have all been sorted prior to them going away!
I do hope they realise though that any future holidays they decide to take - they still pay you for?!
If you got this job through an agency I would suggest calling them for advice so you can go back to the parents as you need to make sure this is understood by all of you going forwards.

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