AIBU re: contracted holidays

[NiftyNanny]

I'm a childless 30sth nanny.

When I started my new employment (been here 5 months) I had it written into my contract that we split the choice of holiday weeks 75%25 - so they choose 3 weeks of annual leave, I choose one.

I'd like to take advantage of cheaper flights etc and they agreed to this & as I said, it's in the contract we both signed.

Today, I've been given my days off on a spreadsheet - they have already used 2 weeks and are insisting on taking 2 together in the holidays. When I asked if they'd left enough for me to choose a week I was basically told I am getting banks holidays & it works out at plenty of days off so I should be grateful. This isn't what I signed up for though - me & my partner can't really afford a grown up, relaxing holiday outside London during peak season. I made it clear in the interview & contract stages that this was important to me & a deal breaker.

I really feel as though I'm over a barrel. MB seems to think nannying is barely a job, that I am "lucky to be paid" for a "lunch hour" when the little one is at nursery, during which time I work extra hard to get all my duties done. When I've completed them, I asked if it was OK to use that time as I saw fit - cup of tea, nip to the gym - while being on call & available for sickness, etc.

That was agreed to in principle.

If I pointed out that renegotiating my duties so that they felt like they had better value for money (I propose adding cleaning duties so perhaps they save £ on a separate cleaner) is NOT JUSTIFICATION for ignoring a contractual clause they agreed to because they failed to plan well enough to allow me a week off....

AIB completely U and likely to enrage them? I don't want to cause bad feeling, neither do I want to ruin their lovely long 2 week holiday, or make them feel like im just seinging the lead & terrible value for money... just want a week for myself somewhere nicer than a UK friend's floor. the fact that they agreed to this but are just ignoring it now makes me feel like they have no respect for me.

They ABU. But, if you argue the point it may sour the relationship so you should consider whether you want a hol on your dates badly enough to risk that. However, they don't sound like very nice employers so perhaps the relationship is already a bit sour.

That is indeed the barrel I'm over.

I'm considering adding more, heavier cleaning to my duties (though they have a cleaner ATM - I don't want to be fully responsible for adult ironing, bedlinen & toilet cleaning but wonder if they'd do that if I did the rest so they'd save money by not paying him) so they feel better about the afternoons. Little one has only been at nursery 4 weeks & we haven't discussed how this affects their expectations.

If I appeared to be "better value" and asked for 2 paid long weekends (2 days off that they could arrange grandparent favour cover for instead of taking their own) I would at least get a couple of short breaks.

I really don't want to quit over this as I took a career break before this job - teaching & writing a syllabus for a charity school in Africa! - so I really want a year's solid employment on my CV.
I just hate feeling like they're going back on their word & I'll have a long solid stressful year being screamed at for 11 hours a day. Of course, I'm their first FT Nanny & they seem to think staying at home playing with kids is barely a job at all....

I personally feel you should say something otherwise you will become resentful.

How about asking them which of the 2 weeks in the summer it is that they'd like you to take off and do they have a list of things for you to do the other week or is is just a general spring clean as you'll be taking your week off at xxx date.

Btw it is normal on nanny jobs for the employer to choose 2 weeks and the nanny to choose 2 weeks

Why add the extra duties, they are not part of your job and they already have a cleaner who is doing them. I don't see how you gain anything from offering to do it.

Whilst little one is at nursery you are still on-call. I've dropped children off at pre-school/nursery and within an hour had to go and pick them up again, as they have been sick, or had poo running down their leg, things like that. You already have some household duties I expect.

An employer can decide all the dates that their employee takes off as annual leave. However if the contract says differently, then I agree that they are are being unreasonable in not letting you select your proportion of holiday.

It does not sound like a match made in heaven. Will this job last long term... possibly not if they are not going to at least try to see things from your point of view from time to time.

it is normal on nanny jobs for the employer to choose 2 weeks and the nanny to choose 2 weeks

In my experience I can request holiday and if it suits my boss I get it granted, regardless of if I've already had 2 weeks off that holiday year, or not. Mind you I don't tend to request that much time off, I often fit in with my employer, so when I do need specific time off (my sisters wedding for example) it is probably more likely to be granted.

Holiday is 5.6 weeks minimum (which can include bank/public holidays), not 4 weeks. So the 2 weeks for both sides does not work, particularly for part-time nannies. Maybe this 2 weeks for both sides is only something that happens when a nanny is Full Time and the nanny is never required to work on a bank/public holiday.

Well - I figured 3 for them & 1 for me was reasonable as I want a term time week. They agreed to it, signed it, then told me they were having 2 weeks off (I know the dates already) and as they don't pay me while little one is at nursery they can just break the agreement and tell me they're being generous already.

I don't know a single FT nanny or childminder who wouldn't expect to be paid between 1pm & 2.30pm for being on call / doing chores while a 3yo is at nursery. Really. Older one was sick last week so I was on extra - if they didn't pay me for that time what would they do with a sick 5th or a call to fetch someone home when they work an hour away?

I see the amount of chores I do in the afternoons as a separate negotiaion, not justification for saying "oh, I used up all my holiday this year so in order to take 2 weeks in summer you don't get your choice of week."

Thanks for the POV. I feel like I'm being forced to give in to them not planning for my choice of week. If I said, I'm sorry, you'll have to only have 1 week off in summer so I can choose one in term time & insist on the clause being upheld, I expect I'd be let go, or it'd sour the relationship irreparably.

Sometimes it's nice to get support when you're backed into a corner by someone with so much power over you.

On the one hand, I want to keep a good, happy working relationship with them but I NEED A BREAK EVERY NOW AND AGAIN. It's the fact they signed a contract with it in & ignored it so dismissively - "that's just not how it worked out this year" - that really stings.

If I had a hangover & turned up 2 hours late & said "oh, that's just how it worked out today" IMAGINE!!

they don't pay me while little one is at nursery

Why not. Sounds like it's not just the holiday entitlement that is the problem here but also the terms of the job in general. As you say, what happens if a child is sick, or if the nursery or school is closed.

They can take more than their allocation of holiday... but should still give you your 1 week of choice as agreed in the contract, in my view.

Sorry Nick, that was a typo - meant to be as they DO pay me while she is at nursery. They think that is a perk, me getting an incredible deal. "I don't get paid for my lunch hour", she said.

I'm inclined to agree about adding duties in principle, but as her going to nursery is new I want to show that I'm willing to negotiate so they still feel they're getting value. I DO want to be a good employee!

I'm aware employers can dictate leave which is why I had it written into the contract. It does indeed say that I get to choose a week, I told them that it would be term time and "it just hasn't worked out that way" makes me very >:(

I just hate that I don't see a way out of this where I don't get stuffed in the long run.

Wot nick said. They can take more holiday including their 2 weeks in the summer but that doesn't affect the fact that they agreed you get to choose a week that suits you. Doesn't your contract make provisions for employers taking more holiday than allocated?

Going back on a written and signed agreement isn't on and probably wouldn't end well for them if you wanted to challenge them on it.

Oh and as for wanting to be a good employee you sound like a very flexible, committed and proactive nanny so rest assured you are! They seem to need a bit of a lesson in employing someone though...

Nanny nick the 4 weeks I refer to is in addition to bank holidays and in all my years of nannying and working in a nanny agency this was the norm. Maybe things have changed since then.

And yes I was full time and assumed the op was too ssinf as no other family was mentioned.

No they're being completely unreasonsable. You do need to say something, I think they're trying it on TBH. They've probably just realised that they have booked more holiday than in contract and are finding a way out of it.
You're in London and there's lots and lots of nice nanny jobs. I'm sure the family know that.
You just need to do the " I've had a thought about what we talked about yesterday and my partner and I want a week away out of school holidays. I've had a look at the contract again and it does say that the holiday is chosen 25/75. We'd like to go away on XXX date." Then don't say anything.
I suspect, she'll say okay.
If she doesn't look for a new job.
(I'm a nanny employer BTW)

Can I ask how you got your job op? If through an agency, they should be able to help you.

It was a gumtree ad ;)

It's been resolved as it turns out MB has more holiday available, enough to total 5 weeks so we can all have our choice. I am compensating for their 5th week by doing 6 nights of babysitting for free - I'm ok to do that to keep the goodwill (though yes, part of me thinks - you want 5? FINE!) so they're getting their money's worth & I get a week off in term time.

I don't think I'd have been so upset if it had been a negotiation originally rather than "these are our 4 weeks, you can take yours unpaid". 3 years ago I wouldn't have stood up for myself. Yay!

Well done. Pleased that pure happy. It has also let your boss know that you're not a compete walk over. Next year remind them about the holidays ahead of time so that it doesn't happen again.