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Rules/Advice needed around pregnant nanny sick leave

36 replies

ManicMumof3 · 14/05/2012 17:43

Our nanny is currently undergoing fertility treatment to get pregnant. Although the nanny being pregnant is not ideal, I can live with it. However, I'm struggling to find legislation/guidelines on sick leave when pregnant as a nanny. My worry is that she is the type who will have a difficult pregnancy and take many odd days sick leave at short notice, i.e. phone in sick on the day. Both my husband and I work full-time and this is not a scenario we can live with. It's not about the money, it's about what we do with 2 children under 3 each time she is off sick. I know there is emergency childcare out there, but I'm not keen on putting my kids with strangers and it costs a small fortune! I also know that legislation quite rightly makes it nigh impossible to fire a pregnant employee. You may think I'm jumping the gun here as she's not pregnant, but I feel before I can even have a conversation with her about it all, I need as much information as I can get. Thoughts/advice please!

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nannynorthwestlondon · 15/05/2012 12:30

Although I do understand it is not easy having a pregnant nanny because of sick days or scans and checks cover how would you have felt if your employer treated you badly and made up whatever reasons so that you can't keep your job? To ChrissieLC, I wish your employers look for someone new when you are undergoing fertility treatment or pregnancy so you know how that feels.

BobbiFleckman · 15/05/2012 12:16

think about how you'd feel if it was you telling your employer that you needed a day or two off when you were pregnant, and how virtually impossible it woudl have been for you to get a job pregnant, and therefore no maternity pay.
Then, when and if she is pregnant, have a good honest conversation with the nanny. Explain that she is required to perform her duties as best she can. There's presumably no reason she can't take your two to routine midwife appointments? let her know that, and that you won't therefore be giving her the additional time off (scans would be different, but she should use her best efforts to arrange them for first / last appointment of the day).
I don't think you can unilaterally change her contract on a fundamental poitn like payment of sick pay so if it's in her contract then you probably have to stick to it. if it's not there but something you've done anyway, explain that you can't do it any more. Lay the law down firmly but fairly - you've been in her position so act as you wanted your employer to act to you.

maples · 15/05/2012 12:08

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maples · 15/05/2012 12:03

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ChrissieLC · 15/05/2012 11:52

new nanny! you know it makes sense!! ;-)

ManicMumof3 · 15/05/2012 11:50

Thanks for the advice folks. I can take sick leave when she is unwell but nobody does my work when I'm off so I have to find those hours from somewhere. I also hate doing it, as I like to do a good job. I think we're going to have to sit down and have a serious chat after her hospital appointment to understand the full implications. There's always nursery for the kids I suppose... It is such a nightmare! :(

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ChrissieLC · 15/05/2012 11:05

When my nanny was pregnant she was fine, just the odd day off here and there for midwifes and scans. But she is the sort never to get sick and just gets on with things. I actually ended up having to make her redundant as my job changed and needed loads more hours, but no way would I have done otherwise as she was fine. I think you just know if they are the sort that will take the p....I know I was when I was pregnant first time! was off all the time (but I have never been a nanny so it was just some insurance contracts that didnt get drawn up)

I would be thinking about managing out....easier to do than you might think, trick is to make them want to leave due to hours dramatically increasing or decreasing (with contractual notice) and pay cuts etc...

ooo I feel bad for saying that but you are not there to keep a nanny, you have to be doing what is best for you and your family at the end of the day. ANd the rolled up holiday when on mat leave will cost you a bomb....

Strix · 15/05/2012 09:40

Do you take sick days when your nanny is unwell? That would be unpaid parental leave for me or a holiday out of my annual leave entitlement.

I would change her contract to SSP only immediately (with contractual notice). You can still pay if you want to, but you won't be obligated.

ManicMumof3 · 14/05/2012 22:36

She has been with us some time and is a sickly person. I am happy for someone with a headache or heartburn to come to work, but if she doesn't want to I can't force her. We do pay sick pay as I think Nannies get treated badly and as I get sick pay, so should she. I am just trying to prepare myself for the worst. Sadly, we are not wealthy as many people seem to assume... Sadly, there is a limit to the number of sick days I am allowed or willing to take from my job when they are necessary because my nanny is unwell.

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nannynick · 14/05/2012 19:25

In legislation terms, I think it is the Equality Act 2010 which contains things about discrimination against a pregnant employee.

nannynick · 14/05/2012 19:20

Maternity Action have a leaflet (Feb 2012 edition) which may be a useful read. It is aimed at employees but should be of some help to you as the employer.

Do you have sick pay in the contract as SSP only? If so, being off sick she runs the risk of getting no pay at all, until SSP kicks in. So not really in her interest to take the occasional day off as sick... assuming it's noting that would be passed on to your children, you may be happy for her to come to work not feeling 100% and having an easy day.

How do you know she is "the type who will have a difficult pregnancy and take many odd days sick leave at short notice". I can't see how you would know that in advance, her pregnancy may well go smoothly and she may be the sort of person who will work through mild illness. Has past history given you reason to believe that she would take time off at short notice for minor illness, rather than coming to work having taken some mild pain relief, or some Gavisgon (which can help during pregnancy).

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