To be quite annoyed with our nanny?

[laughingbear]

We are moving to a new city. The nanny's contract says we only have to give her a month's notice to terminate, but we wanted to give her as much as possible so she could find a good job, on the understanding she stay with us until the move, and that we would then pay for all remaining holiday after we left. She found a good job. She already had two weeks holiday booked that month (the max allowed in one go in her contract); she has just asked to take the rest of the month off - using remaining holiday - in order to shadow the nanny in the job she's taking over. We are now with no childcare for three weeks leading up to a big house move. I guess she's largely within her rights, but can't help feeling cross all the same.

So will she have worked her 1 month notice?

I am a nanny and think as long as she works her 1 month contractual notice - theres not much else you can do and shes not in the wrong :)

If she wants to take her holiday, instead of being paid in lieu, then I think YABU expecting her to fit in with your plans tbh. It's asking too much to expect her to make a personal sacrifice just to suit you.

As an employer of people in a home based care situation, as well as others staff, I think YABU under the circumstances. You're going to a new life and you should be doing all you can to help her go on to hers because it really is just the way the cookie should crumble under the circumstances.

From the nanny's perspective she probably took the job with the expectation it was a long term position. Did she know there was a remote chance that you might be relocating? Was it mentioned at the interview, or was the decision made by yourselves and you informed her after it was all decided and organised?

I have to say I think you are being remarkably selfish!! I have employed nannies, had some really awful ones in the past but blimey, have a thought for your poor nanny!

I would have thought you would be more relieved that she has managed to sort out a new position rather than posting an AIBU about how SHE as let YOU down.

Yabu, and selfish

YABU

Why is she unreasonable? The Op would have had the childcare she expected had she not tried to be helpful to the nanny: had she just given the contractul notice, she wouldn't be in this situation.

You don't have to approve her leave unless I'm misunderstanding?

Because it is unfair to tell the nanny she cannot take the holiday owed to her and she must take payment in lieu.

*contractual

Look at it from the nanny's point of view
She has found another job as you gave her notice
It is possible that the start date for this job is before the finish date for her current job
She has 2 options
A start her new job on the day her new employer asks her to. Leaving her current job early
B risk losing the new job because she can't start when they want her to
I know which one I would do

YANBU to be annoyed, but you would be if you say anything or let her know.

Sadly, this is why most parents who employ nannies and work don't give extra notice. It might have seemed kinder to give her extra time to look for a new job, but this was always a risk, as soon as you tell her, the loyalty has gone, she - quite rightly - has put herself and her job first. The needs of her new employer are now more important to her than yours.

(We had a very awkward couple of months as a good friend of mine was giving up work, she's quit and had 3 month notice period, wanted to keep the nanny for a couple of weeks after stopping working, so wasn't telling the nanny until 2 months later, we saw the nanny at toddler groups and knew she was about to lose her job when she didn't )

My employer can and does do that if they need you to work. You get paid in lieu of notice.

Your nanny is not unreasonable as she can not risk her new job, she has to be available.

But on the other hand you are not selfish imo, you just tried to be nice and you are paying the price for that!!

Does any local friend has a nanny that you could share for three weeks?
Or any family who goes holiday and their nanny could do with extra money? The time of the year is good for short term nanny.

I can sympathise with the OP. Many years ago I had a similar problem with an employer when I gave them plenty of notice of my intention to leave to emigrate, only to find that they replaced me almost immediately and I had to find a job elsewhere for the remaining one month. It is very upsetting when being considerate backfires on you like that.

It's best to follow the law rather than "be considerate". There are usually good reasons for employment law being the way it is.

had she just given the contractul notice, she wouldn't be in this situation.

She would, because the nanny had already booked two weeks leave for the last month of her employment (before she knew it was going to be the last month) and she was already owed a further two weeks which she would have had the right to take. Therefore, she would have had the whole month off.

N

She wouldn't have had the right to take the remaining leave. If employment is terminating then the employee can be paid in lieu of leave; this is the only situation where money can be given in lieu of annual leave.

To avoid this happening all you can is give notice as late as possible according to her contract and law (whichever is more favourable to her) and pay her all remaining leave instead of giving her the time off. It's nice of you to be considerate and go above and beyond this but of course it leaves you open to things not working out exactly as you want. Your nanny, if she gives her required notice to resign, wouldn't be don't anything wrong in leaving before you want her to.

But you don't have to approve her leave.

Thank you very much everyone who replied. I do see it from her point of view. It is just incredibly stressful, and more importantly, really disruptive for my dd who will have 3 weeks of patched-together cover followed by a big move and a whole new childcare set up, ie nursery for the first time. Also, I checked with new employer when she called for (glowing) reference when the job started, and she said it started after we left; I said I was very keen that that would be honoured. So feel a bit shafted by both. However. You live and learn. I won't be giving that much warning again.

You are the employer, you can just say no to the rest of the holiday request and pay her for the remaining holiday she is owed. There is no legal obligations for you to grant holiday at the time she requests if it doesn't suit you.

Also, no - I did not expect to relocate, at least while my dd still needed a nanny. But a rare job came up that was great for my dh and it would have been silly not to apply. And in fact, contrary to some
assumptions above, I am very pleased for her. It's just specifically the transition I'm annoyed about.

Karolean - even in a notice situation? Ie when it's remaining leave?