Nanny holidays

[FrayedAndConfused]

So my nanny has 20 days holiday a year excluding Christmas break which is a free holiday. I am away quite a bit (with my son) and as I’m separated from his father my son (5yo) is also away quite a bit at his dads. So these weeks, at least 6-8 a year, are then free holidays for the nanny. I don’t have a problem with that except she always asks for my dates well I’m advance and then I think makes her own holiday plans. She then gives me her holiday dates (which NEVER coincide funnily enough) a month in advance so I end up then having to find another nanny. I’ve tried to talk to her about this but basically I feel she’s manufacturing a way to get double the amount of holiday. I’ve thought about making her come in when my son isn’t here to do nursery duty type activities but I don’t really need them as I have a cleaner and like to do them myself - I only really need her to look after my son. Is it reasonable to put in my contract that I want 4 months notice for her holiday dates? Or do I make her just come in when my son is away so she figures out she can’t make holiday plans for free and does need to actually take holiday when she wants to take holiday. I am a generous employer, pay above market rate, and don’t mind her having time off for free as such but I work long hours sporadically so when I need her I really really need her and don’t have time to find a temporary nanny or frankly want to as having someone my son knows is important, so when she then chooses the most inconvenient and busy times on purpose to take holiday despite having about 12 weeks paid leave anyway It puts me in a really difficult spot. AIBU? Is there a reasonable solution to this?? I have tried talking to her about this but she says to me ‘I don’t want to take holiday that week you guys are away as I don’t need to’. It seems she just wants to take holiday when in fact I really need her.

@Celticliving I'm completely in agreement that she can have 2 weeks out of term time. She wants 4 weeks- all of them out of term time. She wants to carry over her unused leave to take another week again out of term time. This doesn't seem fair does it? I usually have to arrange other cover for her as well.

She can ask what she wants, she has no contract.

Get that pinned down. Wording needs to be something like "2 weeks of nanny's own choosing (with suitable notice) and 2 weeks of employers choosing (and we reserve the right to take this holiday during school holidays).

It is pretty standard to have some employer’s holiday choice in a Nanny Contract so this isn’t unreasonable at all.

Statutory Holiday for employees is 5.6 weeks per annum inclusive of bank holiday e.g 5.6 weeks x 5 working days per week = 28 days holiday per annum, just make sure to word it correctly in your contract and how many weeks holiday you will choose per annum and how much notice you require.

When I was a nanny I chose half and they chose half. Now that you can see what she is doing I'd be firm. This can not happen anymore and if she tries it on I'd give notice tbh. She's taking the piss.

Snail and other PP are correct - 28 days including bank holidays - you can choose to give extra, bank holidays do not have to be taken on bank holidays and you can stipulate when holidays can be taken - during school holidays is a reasonable stipulation even if it makes your holiday costs more expensive... it may be part of the contract negotiation process. Employers can stipulate up to 100% of the annual leave days, though this is unusual, especially in nanny contracts.

Speak to ACAS - look on line for sample nanny contracts. https://www.care.com/c/en-gb/nanny-contract/.

Sounds like a very unusual Nanny job.

It's really not.

Two months notice of the annual leave you want her to take is unlikely to be reasonable. Fixed annual leave is usually set in the contract or set at the beginning of the leave year.

And I am not sure everyone understands the potential problems you may encounter if you have no employee contract and do not follow the law. Most/many staff will grumble about you breaking the law, but do nothing. You only need one to take you to industrial tribunal for you to incur a lot of cost and stress.
If you have a written contract that says the nanny gets 4 weeks paid annual leave, then you are legally giving them too little annual leave and they could sue you in the small claims court for the extra 8 days pay for every year they worked.
There is lots of good advice out there about the law with employees, just google.

But if you set the leave at the beginning of the year this is much more than 2 months notice?

She does have a contract and gets the additional days at Christmas so it is all above board thank you

Hi op , you need to make it clear to nanny that you need to make changes to her contract as it's no longer working for you .
Going forward she will be entitled to 28 day's holiday including bank holidays. You will then choose half each ,set what time scale for notice you think reasonable. This could be beginning of the holiday year ( my DS has to have his booked 1 month into his holiday year ) or you could say two months notice needed.
Tell her you then expect her to be available for work the weeks you're away ,as it's at your discretion if you call her in as your schedule could change, you fall ill ect .
You have been very generous to her in the past and she's now taking advantage. The reason you hire staff is to make your life easier not harder .

Had a nanny for ten years. The same one. We discussed at the beginning of the year when I was taking mine and in her contract the majority of hers was taken at the same time.