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Paid childcare

Discuss everything related to paid childcare here, including childminders, nannies, nurseries and au pairs.

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Original poster

Nanny and royal wedding

48 replies

Knackeredmother · 14/02/2011 23:13

Hi, our nanny works wed, thur, fri and gets 17 days holiday inclusive of bank holidays. She started last sept so obviously has not had any bank holidays actually fall on her working days yet. I am fairly sure she thinks that she gets any bh that fall on her working days in ADDITION to her 17 days and I know I need to clear this up in time for good Friday.
Anyway my question is, given we have an extra bank holiday for the royal wedding do I need to give 18 days leave this year?
Thanks in advance for any replies

OP posts:

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nannynick · 14/02/2011 23:27

No. Holiday entitlement when working a 3 day a week job is 16.8 days. Thus your 17 days figure. That CAN include bank holidays - so if you don't her to work on a bank holiday you can insist that it is taken as part of the annual leave entitlement.

I would suggest that you make a list of all public and bank holidays that fall on her working days. Then decide if you don't want her work any of those and decide if you will pay that time off, or make her take holiday.

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ohnoshedittant · 14/02/2011 23:49

I don't think you have to, but it would be nice to give the extra day I think. Otherwise the extra bank holiday is actually eating into the holiday days she is allowed to pick and that's not really fair.

Original poster

Knackeredmother · 15/02/2011 00:47

Yes, I thought that. Problem is I will have to work it and she actually gets more annual leave than me, as well as earning more money!, so it will cost me to give her it as I would need to get childcare elsewhere.
She is expecting it though and it seems mean not to give it.

OP posts:

rightpissedoff · 15/02/2011 00:52

I wish people would stop feeling sorry for people that work for them in the home.

She's a professional, you're a professional, you have nothing to feel guilty about.

I've no idea of the legal position but if you don't have to, and you can't afford to, then don't.

I worked a system with bank holidays included. Did I assume bank holidays were extra? No, I read my contract, signed my contract and abided by my contract.

ohnoshedittant · 15/02/2011 01:58

If you can't do it then you can't do it and in that case just explain the situation to your nanny. Is there any chance of you giving her an extra day at some other time instead?

Also I think 17 days is the minimum requirement for 3 days a week, so if you're getting much less than that, I'd speak to your employer.

I don't think it's a case of 'feeling sorry for people' rather it pays to create a positive working environment, particularly when that person is working in your home, taking care of your children!

SnapFrakkleAndPop · 15/02/2011 04:53

If she wants it she can choose it out of the days she is entitled to choose with sufficient notice which allows you to find an alternative. She does not get 18 days, as others have said the holiday entitlement is inclusive of Bank Holidays so its not automatic - you must dictate or she must request that they be off.

Karoleann · 15/02/2011 07:42

I gave mine the option of either working it, taking it off unpaid or making up the hours either at the weekend or babysitting (hours of my choice). She's taking half a day unpaid and working half a day on a saturday to make up for it.
I wouldn't automatically pay it as an extra day holiday.

Original poster

Knackeredmother · 15/02/2011 09:53

Thanks everyone, I appreciate the replies.
I must say my gut instinct tells me it would be mean not to give an extra day off as most of the country will get it.
Can I ask what other nannies/employers are doing?

OP posts:

Strix · 15/02/2011 10:14

Whenever I want to know if I am treating my nanny / au pair fairly, I look to my own work. If I get something, I'm happy to pass it on. But I cannot be reasonably expected to pass on something I do not get. I expect to get this bank holiday and I will probably pass it on. But, if I didn't get it, then I wouldn't feel obligated to pass on either the bank holiday or anything else in its place.

BUT... I thought all employees were entitled to bank hols off. Just not necessarily entitled to be paid for them. I am, however, a bit rusty on this so feel free to correct me.

Also, I notice a couple of people have referenced the holidays which she is entitled to choose. There is no statutory right for the employee to choose some of his/her holiday. That is only a right if it is granted as such by the employer (i.e. in the contract). I have never given a nanny / au pair any such right. We discuss at the beginning of the contract what holiday dates will be for the year and write them into the contract, then review each year. I am flexible, but the nanny has no right to say "I have 10 days to choose and they will be...".

Novstar · 15/02/2011 10:21

No, in England and Wales at least, employees are not entitled to bank hols off and they are not entitled to be paid or given time off in lieu.

I'm giving mine a paid day off, because that's the contract I have with her and also DH and I are getting an extra paid day off.

eeyore12 · 15/02/2011 10:43

I will be getting the day off, (nanny) although I don't always have to work Fridays anyway, but in my contract it states I will not be expected to work BH and if I do they will be at time and a half, so my boss would rather let me have them off unless an emergency and they will be off anyway. As will my eldest charge as her school will def be shut that day, as per norm for BH.

menee · 15/02/2011 11:37

To be honest. Its one day. Depends whether you want to be generous or not. I dont see the harm letting her have it. I dont charge for when im off but it would be nice lol. So I can see it from your point of view. But if she does lovely job and your off then whats the harm?

Strix · 15/02/2011 11:56

The harm, Menee, is that she is not off. So, I would revert back to doing for my employees as my own employer would do for me. Seems a perfectly reasonable benchmark to me.

So, OP would have to pay two people to do the same job that day if she gives the nanny the day off paid. Why not just ask the one employee you already have lined up to stick around and do her job?

SnapFrakkleAndPop · 15/02/2011 13:39

True the entitlement to choose is based on what the contract says, but any employee is entitled to request time off at any time, regardless of what the contract says. Whether it's granted or not is up to the employer...

Most nanny contracts have a 50/50 split of who chooses even if there are limiting clauses like only taking them in school hols etc. Some specify that all BHs are off and the remaining allowance is split (which is why IMO it's better to put the holiday entitlement in days/weeks - clearer for both parties). I think you're the only employer I know who restricts holiday completely strix!

Blondeshavemorefun · 15/02/2011 14:13

my friend was wondering this as she works fridays (i dont)

normally she gets 28 days hol as 5 days a week and her contract says including bh - so would this mean she should have it off and paid?

strix you never ever allow your nanny her choice of hols?

nannynick · 15/02/2011 15:38

Isn't it a Special holiday rather than a bank holiday? So if contract says Bank Holiays are off, then it's not off as it's not a Bank Holiday.

ohnoshedittant · 15/02/2011 16:09

'I have never given a nanny / au pair any such right'

I've never heard of nanny never being able to choose any holiday!

'I would revert back to doing for my employees as my own employer would do for me. Seems a perfectly reasonable benchmark to me'

This is fine if your employer is reasonable, but what if they're awful. Are you awful to the nanny so that you're both treated the same? Maybe a better approach would be to treat the nanny as you would wish to be treated by an employer? Or how you feel to be fair, regardless of whether your boss treats you fairly?!

Original poster

Knackeredmother · 15/02/2011 16:20

I think it is fair she gets it. Tbh I know she is expecting it and I'm not sure I can face explaining/justifying myself without sounding like an unreasonable employer.
Will have to make sure dh takes day off for childcare!

OP posts:

Blondeshavemorefun · 15/02/2011 16:30

oh right :( then she needs to work it

Original poster

Knackeredmother · 15/02/2011 17:10

No I meant I am giving her it off! Dh self employed, doesn't mind taking day off.

OP posts:

Blondeshavemorefun · 15/02/2011 17:11

sorry, i meant my reply to nick about my friend, as her contract says bh not special hols iyswim

you are lovely to give it to your nanny :)

BrandyAlexander · 15/02/2011 17:35

It's a special day's leave not a bank holiday so no one is entitled to have the day off and every employer in the country will have to choose whether they are open for business, and if so, if they choose to grant this holiday as an additional day.

So on the face of it I agree, that there is no automatic entitlement to have the day off. If I had to work on the day, then I would be expecting my nanny to work. As it happens I am not working so she will have the day off.

ImFab · 15/02/2011 17:43

It was announced on the news as a Bank Holiday .

Blondeshavemorefun · 15/02/2011 18:27

thats what i though fab, as did my friend

her employers are both off, but she was told she could take the day off unpaid or go in and work and be paid and have both mb/db there and no doubt kids being horrible

BrandyAlexander · 15/02/2011 18:39

Imfab, yeah it was announced on the news as a bank holiday, but its not technically a bank holiday, so all employers are technically within their rights not to offer it as such. The CBI were up in arms about it that David Cameron had announced it as a bank holiday without consulting "business" as it will cost the economy but they did accept that it would be mean spirit not to let people have the day of.

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