Our nanny is currently working her notice period, she wants to end it earlier than agreed but she currently owes us 6.5 days work (holiday owed & sick day yesterday) this was due to come out of her final salary (this has been agreed by both parties)
She only wants to work another 2 days!!
So she will actually owe us money!! What can we do? Aside from insist that she works the originally agreed notice period?
Can we allow her to finish early and ask her to pay back the money owed???
The rest of it I suppose you can ask her to work the six days, or ask her for the money back?
Do you pay her in advance? How is she so much in debt to you? I suppose if you've just paid her for January and now she want to leave after 2 days of Feb, she could end up owing you 4.5 days. Is that what's happened?
She is a term time only nanny and has taken more holiday than she has accrued, hence the pay back as per our contract.
We have had so much sick leave from her (previously lots paid over her entitlement) so are being quite strict on deducting sick days now but yesterday was pay day so we assumed she would be in & therefore had paid her already, so need to carry that day over to feb's pay.
I know that lots of people write off holiday off owed in similar situations but for various complications we have decided not to do this. I really don't want to get into the details of it and just hoped someone might know legally where we stand. I have tried googling but not much luck and our payroll company is not open till Monday now.
Well I think you're legally entitled to make her work her notice. I'm not sure whether you can legally make her pay back overpay. Is she reasonable? Would she agree to pay it back if you asked her? She's agreed to work 2 days more, so it's only actually 4.5 days she owes you is that right?
i see she has messed you around after reading your second post op, so sorry. I think you should ask her to work her notice! she is being cheeky - i don't know what happens legally - so not much use really, sorry!
I remember your previous posts about this nanny and I remember that she had a ton of sick time and holiday in the short time that she has been with you so I think you are quite right to either make her work her notice or ask her to pay back the money she owes.
The OP shouldn't have to write it off of course, but if it's that or going to court, sometimes it's just easier.
I'm a nanny and if I left a job where my employer owed me money and just refused to give it back, unless it was a huge amount I would just write it off rather than drag it out for months and go to court etc.
It's all a bit immaterial at the moment though as the OP hasn't asked the nanny yet.
Does your contract state what you can do in the event she has taken more holiday allowance than she has accrued at time of termination? The norm in a contract is to state that the employer is entitled to recoup the overpaid holiday. I would try to insist she works her notice (or no reference) as getting the money back could be hard work and may mean going to court although if your contract gives you the right to recoup payment the court case should be fairly straightforward.
Our contract does state holiday can be recouped by way of deduction from her final pay....of course the problem we have is that she won't work enough days for us to deduct this...resulting in a negative pay essentially!
I'm exhausted with the nanny and feel so bitterly disappointed that she has let us down so badly. I feel like she has taken advantage of us and ripped us off. I now feel that I don't want her back at all and don't want to leave my DD in her care.
I have decided to tell her not to return next week (to work the remaining three days of her contract as she has now requested in writing) and that we will write off the owed days.
It's such a shame as she has really put me off having a nanny but most people on here have nothing but praise for wonderful nannies. Sigh.
You poor thing... I know exactly what you mean because I've had my share of nannies who have taken advantage. People may tell you that you were unlucky, most are not like that, the next one will be better etc, and it may be true but it doesn't really take away the bitterness because we're not talking about kettles or washing machines, it's your own childcare, something you have invested a lot of emotional (and financial) energy in, you had to trust this person and let them into your house and this is what you got in return.
I hope you have some time out and enjoy your time with the kids.