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nanny holidays - pro rata and Bank hols - what's the deal

11 replies

motherpeculiar · 11/09/2005 16:00

Anyone know about this?

I'm doing a nanny share - we have 2 d pw, other family have 3. We are having Mondays. What is the legal requirement in terms of holiday? do we have to offer 20d p.a. pro rata PLUS all bank hols (which will obviously hit us harder than other family with most bh being on MOndays)

trying to do the contract now - she is due to start tomorrow


OP posts:

motherpeculiar · 11/09/2005 16:20

anyone about?

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nannynick · 11/09/2005 16:30

20 days pro rata would apply - in your case, it would be 8 days (4 x days worked per week).
Payment for Bank holidays are a matter for you to agree in the contract.

Holidays and Holiday Pay Advice Leaflet from ACAS
Do employees have the right to paid leave on public holidays?
There is no statutory entitlement to paid leave for public holidays. Any right to paid time off for such holidays depends on the terms of the worker's contract. If the contract is silent, the right to paid leave may have built up through custom and practice. Paid public holidays can be counted as part of the statutory four weeks holiday entitlement under the Working Time Regulations 1998.


nannynick · 11/09/2005 16:32

Have to say, as a nanny I agree contracts before I start a job... you never know what an employer might put in a contract. Surprised that your new nanny hasn't wanted to see a draft contract before accepting the position.


NannyL · 11/09/2005 16:36

i think LEGALLY nannies (and everyone else) are entitled to 20 days holiday per year which CAN include bankholidays...

Therefor a nanny working 2 days per week would get 8 days holiday which CAN include bank holidays

Also the employer CAN insist on choosing them all

however most reasonable employers give nannies the 20 days ASWELL AS bank holidays (pro rata) and conventionaly the employer chooses half and nanny chooses half

If you are doing a nanny share (with 2 familiys) it is 'normal' for nanny to choose 2 weeks holiday, and each family to choose a week each, but as long as all parties involved are happy and agree to the contract it doesnt matter, whatever works best for you all.

I have to say i would NEVER work for any family who insisted on choosing ALL my holiday, and neiterh would i work bank holidays (EVER.... well unless it was a one off and a got a couple of days off in return or something )

Generally a nanny should expect to choose 2 weeks holiday, be told 2 weeks holiday and get the normal bank holidays off, even tho if LEGALLY it doesnt HAVE to be that way


motherpeculiar · 11/09/2005 20:31

thanks guys

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motherpeculiar · 12/09/2005 12:51

any employers on here who care to comment? or more nannies for that matter, every perspective is of interest here

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Blu · 12/09/2005 12:58

I paid bank hols in addition to 20 days, and we agreed that half the hols would be of our choosing, and half of the nanny's. DS wasn't at school - if he had been I might have stipulated the amount of hol that could be taken outside school terms!

Our nanny got more than 20 days hol, though, because we get more than that and went away at times of our choosing more than the agreed 10 days.

In your case, I think you and the other family should be responsible for the payment of bank hols pro rata to your time


motherpeculiar · 12/09/2005 13:18

thanks Blu - that's a good idea, will raise with other family

would feel mean making her have BHs as part of holiday entitlement, but like you will end up giving her more days as we'll be taking more ourselves. Prefer to keep that non-contractual though in case things change.

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Blu · 12/09/2005 13:35

W employed our nanny 3 days a week - so contractually we agreed to pay her 3 fifths of all bank hols..but in real life I think we paid them all!
We got plenty of reciprocal 'perks' in terms of flexibility, longer days when needed, etc.


uwila · 12/09/2005 17:16

I pay my nanny for bank holidays, but they count towards her 20 days of holiday each year. Like some others have mentioned, she gets extra days off here and there because sometimes I take a day off and take the kids with me. For example if one has an appointment for a single jab in London, we just make a day of it and I let the nanny have the day off (but of course still pay her). Or at least half the day.

I guess I look a bit mean for this practise, but I really do struggle to pay the nanny. It works out better if I can give her what I can when I can rather than being contractually bound to something I can't afford.

As for choosing Holiday, I pick most of it. She has 6 days she can pick but we agree what they will be before the contract is signed. This way I can play my time off accordingly without incurring additional childcare costs.

I must say, Nanny nick knows his stuff. I'm impressed.


motherpeculiar · 13/09/2005 12:16

thanks uwila - used the contract you were kind enough to share with me way back as the basis for mine on a number of points actually. Thanks again

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