Still Pay Nanny??

Lesson learned for the parents unfortunately.

Assuming they are good employers and you want to continue working for them*, I'd try to find a compromise using some of the suggestions above and offer to vary your terms going forward from a reasonable point where you can both mutually plan holiday leave.

*not that they can sack you over this obviously but resentment in the relationship will make it very difficult working environment.

It depends on the situation. In my nanny jobs I get to choose two weeks of an leave and the parents choose two weeks.

However if parents are choosing to go away and nanny is avalible and willing to work then yes they should still paye Nanny.

*of course

I thought you were the nanny,London!

No, course the family can't force you to take that week as one of your four weeks' holiday as it is stated specifically in your contract that you can choose all your time off. Likewise, they can't refuse to pay you! That would be very unfair.

As you seem quite happy at the prospect of doing children-related work during that week , that seems like a very good compromise, and one that a reasonable employer would agree to. Sounds like a nice, peaceful week, actually - almost as good as a holiday!

As others have said, of course you should be paid. But something that worries me about your post, is that the mom seems unclear on the terms of your own contract. I do agree you should decide when you want weeks off, but they need to be worked out together, she can't pick and chose which parts of the contract she adheres to when it suits. Either you decide 100% or it's 50:50.

Suggesting extra training or childcare related jobs to do that week, is a good one- mom may not feel so bad for paying you if you do something work related. Maybe it will also provide a good opportunity to review contracts when she gets back!

Nanny gets paid but you can expect her to do things like sort out childrens rooms, sew name tags in school uniform, clean and sort toys, finish any childrens laundry, batch cook childrens food...,,,,

Nanny gets paid, employers should read contracts before signing

In most jobs you get no automatic right to take holiday. You request time off and your boss either approves or denies the request. The employer has control, so could if they really wanted to upset people, tell them employees when to take all their holiday. In reality bosses will grant holiday if it fits the business.

Do you not want to have the week off? Have you already booked all 4 weeks of your choice this holiday year (holiday year runs from start date of the job, unless contract says otherwise).

Do you have training needs, would it be a good week to do a refresher first aid course or food hygiene?

This is a good idea... As well as child related work in the home. But yes you should be paid. Employer might be rethinking her contract now.

Do you have training needs, would it be a good week to do a refresher first aid course or food hygiene?

"she insisted I chose my own holidays, like majority of jobs."

Not the case at all. In most jobs people can request the days they want, but there is no guarantee these will be agreed.

You'd still have to pay for nursery if you went on holiday. What's the difference, especially when it's set out as clearly in the contract?
We employ staff in our business and all of the contacts state the 50:50 holiday rule.

Honestly the excuses people will try and think up not to pay their Childcarer.

Are you serious? You go on holiday for a week and you choose not to take or use your Nanny for that week and you want to leave them high and dry with no pay. You selfish person that's all I can say. You can afford to go on holiday but not pay your Nanny? Shame on you.

I hope you come home and find you have no Nanny!

Nanny gets paid , not her AL or time to make up.

Nanny gets paid regardless of if they go in to work, or take it as annual leave.

So not a question about being paid. It is a question about if the nanny should take it as annual leave.

For good employer employee relationship, if I were the nanny I would take it as annual leave, though would use this opportunity to work out all the leave over the coming year that I am likely to want, thus booking as much of the remaining leave as possible.

Under that contract, what happens at xmas? If parents don't want the nanny to work xmas to new year, then under that contract the nanny does not have to take it as annual leave, where as usually under contracts in the UK the nanny does use annual leave.

What country are you in? If the parents did not take any time off, so nanny only got 4 weeks, then it would not meet statutory minimum requirement, as minimum is 5.6 weeks.

Strange contract, did parents write it themselves? Good opportunity to renegotiate the contract once back from this holiday.

Yes, nanny needs to be paid.
Time could be made up if that's in the contract though.
I could think up lots of jobs to fill at least half the week!

Just how much batch cooking can a person do?

If the family wanted the provision to be able to specify dates for holiday, and/or ensure an extra week should be made up at a later date, they should have put those things in the contract.

While as a nanny I wouldnt mind doing some nursery duties during that time - I confess I would be stuck to fill more than a couple of hours getting everything upto date etc

What Toapointlordcopper says. Leave the nanny a list of chores to be down that are child related as they are still working that week and getting paid for it!

Absolutely the nanny has to be paid, but yes she is available to work her/his normal working hours.

Nanny gets paid but also spends week making batch food and freezing, sorting out children's room with huge spring clean, prepping all old kids clothes for eBay and sourcing all key purchases needed for kids for next 6 months (including Xmas shopping).

My nanny prefers to work all year and then get her holiday paid off, so will do all this (and sort out my own bedroom and wardrobe on top).

Sounds like a badly worded contract - the family should have thought ahead and written down at the start of employment what would happen when they went on holiday. If the Nanny's A/L is written down as Nanny picks holiday then that is exactly what should be stuck to. Normal contracts do split who chooses leave half-and-half.

Nanny should not have to "make up hours" but should spend the normal contracted hours while the family is on holiday doing purposeful activity towards the benefit of the family: planning and preparing for future activities to engage and educate the children, doing a grand sort-out of toys that have been grown out of, perhaps some spring-cleaning unless the contract specifically excludes cleaning duties, making and freezing some meals. If it's not annual leave then the nanny should not expect to have it as extra free holiday unless family gift it to her as such.

It would be reasonable for the contract to be re-drafted to cover this eventuality in future years, perhaps in exchange for an VERY MODEST pay rise (i.e. 1%ish) to compensate the nanny for the slightly less favourable terms of employment.

Unusual contract but yes nanny should be paid

Nanny gets paid.

I hope you are the nanny!