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Original poster

Nanny 20 weeks pregnant when she started job!!

130 replies

HantsPants · 04/11/2009 23:41

Get this... I have just gone back to work 3 days a week, started on 1st September. Found lovely nanny. DD and DS love her. She has just told me she is... wait for it... 28 weeks pregnant and due on 23rd Jan!!! She was 20 weeks when she started, apparently did not know until she was 22 weeks. You may well be wondering why I did not notice her bump. Well, dear MNers, she is very generously upholstered and you can't tell (yes, really). Nanny loves job and DC and wants to take a short time off and come back to work with the baby.

I was initially supportive but DH dead against it. DD aged 6 and a breeze but DS aged 2 and very hard work not to mention has speech delay and needs nanny's full attention for his speech development and Makaton signing etc.

Do not want to pay nanny top whack to look after her own baby in my house and put her newborn baby's needs ahead of my own children's. Cannot imagine that this is anything other than problematic.

Thoughts anyone?

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littlestarschildminding · 05/11/2009 07:47

If she started new job at 20 weeks pregnant she may not be entitled to maternity pay...you need to check it out.

I would tell her that she is welcome to comeback to work but that it isn't practical for her to bring the baby.

Its a very tricky situation!

StillSquiffy · 05/11/2009 07:37

Her job must be kept open for her so that she can return to it after maternity leave (or you will be guilty of sex discrim), but you can keep all the terms the same - ie no baby in tow.

I agree that if your DS is hard work it would not be a good idea to have the baby come into the house. Most mothers with nannies would I think agree with my opinion that it is not a good idea (though I think it would be great if a nanny had older children the same age as your own, rather than a baby)

If you did agree to this then you should be able to negotiate around 20% salary drop to account for the nanny no longer having your children as sole charges.

Sympathies by the way. It is tough enough sorting out our own maternity leave/working worries, now as an employer you have to take responsibility for sorting out loads of stuff for your nanny. But such are the ebbs and flows of being an employer.

nannynick · 05/11/2009 06:31

You don't need to accept nanny back with baby in tow. Doing so would be a change to the job. Suggest you say at the moment that you do not intend to permit her to bring her baby to work.

ACAS: Maternity Rights
BusinessLink: Maternity Leave - There is a link to an interactive tool for employers.

Nanny started 1st September I presume.

You must write to your employee within 28 days of her notifying you of her date of maternity leave, confirming the date she has selected to start her maternity leave and the date she is due back to work. See Your Obligations

However I am not convinced she is entitled to Maternity Leave. See advice on that... contact Acas Helpline ? 08457 47 47 47. Go through the dates with them, see if they can confirm the situation.

You will need to give her form SMP1 as she is not due Statutory Maternity Pay. SMP1 on DWP website (PDF)

DWP: Guide to Maternity Rights - more about SMP and Maternity Allowance.

Your employee has the right to paid time off to attend ante-natal appointments - This may be a issue for you, as her job is such that finding temporary cover is tricky.

madwomanintheattic · 05/11/2009 01:57

are you using nannytax or similar? they have v useful help and advice if you call them.

check your contract carefully and then check legality of terms (esp offering job back). as the contract stipulated sole care of your dcs (i assume), i suspect that you would be fine to offer her the job back on the condition she finds suitable childcare for her newborn (and i assume she would turn down the job).

did you use an agency? i would start the search again if i am honest...

it does sound like it was a surprise for both of you though, lol!

HarrietTheSpook · 05/11/2009 01:35

Isn't she required to disclose 15 weeks before she's due or something? Has she just told you now?

I'm assuming you still have to offer her the job back, but don't think she'll be entitled to maternity pay (which you could claim anyway) and you don't have to allow her to bring the baby back or you could renegotiate the contract if you do allow her to.