Nanny and holidays

Penguin - is she going back to Oz/NZ and therefore needs quite a lot of time.? Agree she doesn't sound like she is putting her all into keeping this professional, it sounds more like a temp position for her. I hate to say it.

I'd be wary of taking the extra days holiday out of next years entitlement. This will leave her with very little time to take off and leave you with more holiday that you are entitled to from work and therefore will not require the nanny but will need to pay her if you give her the extra time. Also makes it difficult if she leaves before or part way into the next year. The extra days should be unpaid and you need to make it quite clear to the nanny that time off needs to be authorised before flights etc are booked. Is she quite young or new to working? Had she just not realised that this is how it is done?

If you decide that you don't need the nanny to come into work (as with Easter) then you need to pay her. If your boss told you that they were closing for August and you've already had your paid holiday so we will not be paying you, then I can imagine you would not be happy.

agree with frak. I think the simplest thing for you to do is keep it unpaid. I doubt she'll do it again if it is. I think you might come across as a softer touch if you let her 'carry holiday forward.'

I don't think you can borrow holiday from the next holiday year. It has the potential to get really messy and may not be legal as in the next holiday period they would not be getting their statutory entitlement. Don't mess with statutory entitlement would be my advice. If you decide to do it, then document it very well getting things signed by each party involved and seek legal advice (your payroll operator may have an agreement in place with a legal helpline). ACAS may also be able to tell you about what rights your employee has in this situation - the question I would want to know the answer to is if you take holiday off next years entitlement, would the employee still be entitled to the statutory minimum?

What happens if she leaves... at the moment you are assuming she will still be working for you in 2013. That may not be the case.

Are there other ways they could work some additional hours, for example evening babysitting? Working an extra day on occasion?

Not okay at all on many levels. Firstly it isn't on not to consult you, second if she can't keep track of how many days holiday she has and blithely expects any time off she has paid then she doesn't come across as very professional, third if you screw up your holiday ccukation you don't act all put out over it and fourth it just comes over as sneaky and underhand because now you're in a very awkward position.

Before you do or agree anything check your contract and, if you have a payroll company, try their legal line.

Is she aware the holiday year runs May-April and not Jan-Dec? She may have thought she could take some of those days from next year?

Easter is a slightly separate issue. Normally if you've used all your choices then if you don't need her but she is available you still need to pay her. Therefore regardless of whether she's taken her holiday or not if you don't want her around and you e taken all your holiday then you pay.

I would be very inclined to say that as she has done it without requesting it then it will be unpaid as you cannot accommodate it. As an employer you have the right to refuse leave requests, in this Cade you won't be refusing leave - so it's an authorised absence - but you will be refusing paid leave. Up to her what she then does.

I agree with Noviceoftheday, your nanny has not acted appropriately due to not putting in a holiday request prior to booking their time away. That does need to be clamped down on hard... even though ultimately you may well let is slide THIS TIME. What you don't want happening is them doing it again.

Look at the period of time they are wanting to have off... 12 Dec to 5 Jan. That's quite a long time, though it does include the Christmas period. Would you have been wanting them to work over the Christmas period? It also includes several bank holidays - what is the situation regarding your nanny working on Bank Holidays? Are you insisting they have all bank holidays off and use their holiday entitlement for that?

It's very bold to have pushed the boundaries with you in this way. It would personally make me wonder about how much she cared about keeping her job.

If she is taking more holiday than she is allocated in a single holiday period NOW and booked flights w/o asking you I wouldn't get into the situation where she is 'bringing forward' holiday from next year. I think you will have this situation again.

I wouldn't over-react to her reaction, if you see what I mean. Just tell her in a matter of fact way how many days will be unpaid. If she objects just tell her: sorry I'm afraid we can't accommodate any more paid leave than we agreed in the contract. And leave it at that.

This would not be okay with me at all and I wouldn't just let it slide. I think its unacceptable to book the holiday without discussing with you (would you be able to get away with that at your work?) and also for a lengthy period of time. My contract with my nanny says that she must agree dates in advance (basically put in a holiday request) and she can't take more than 2 weeks (being 10 days) off at any one time. Having said that my nanny is having 3 weeks off for one of her holidays as she asked me with plenty of notice.

She may be lovely but she's not the only lovely nanny (eg mine is fab but you can't have her!!) so don't let fear prevent you from making the point and basically acting as an employer in a professional relationship. So, personally I would make the point that I would have expected her to have the courtesy to discuss the dates with me first. I would tell her that she has to have unpaid leave to cover the excess. My contract also makes it clear that there is no carry forward of holidays nor dipping into next years holidays - what does yours say?

I'm not a legal brain (and I'm sure one will come along), but if she has taken more holiday than allowed, then you can say it will be unpaid. You might be able to come to some sort of deal with her, where she uses some of next year's holiday, but make sure it is clear how many days she has left to book of her choice next year.

I think if you choose to take more than your 11 days and pay her for the extra days, then she probably won't complain about paid days off. You could ask her to work these days, clearing out the children's rooms, or something, that's up to you.

Also think about where you will be with holiday calculations if she should leave.

I do think she's a bit cheeky doing this as soon as she's started work with you, without even discussing it with you. Are you sure the holiday terms in your contract were made clear?

There are two options RE the holiday

1. She takes it unpaid or she sHe looses days next year,

RE Easter

1. You can tell her that she isn't needed and she can take the days as unpaid or as holiday. You don't have to have her come to work because she wants to work.