Nanny health problems- what to do

[Gigondas]

Before I start,nanny has worked for us for 2 years and it's been great, very happy etc.

However She has been unfortunate enough to have had a couple of health issues that mean hasn't been able to work normal days/ needs time off. The latest issue is to do with her back.

The unfortunate thing about this is I am currently midway through treatment for cancer so more than ever in need of reliable help (I can't really afford to miss radiotherapy sessions) . So where I could work from home etc that isn't really possible as a fix.

My question is what allowance do I need to make to help her do her job ? Happy to do this but there is a point where can't make any more allowance as won't be able to do job (eg If she can't lift dd2 who is a baby to change her). Also how should I approach discussing this with her . This is absolutely not about me not being supportive but being worried about whether she can do the job going forward ,finding cover if necessary.

We have sick pay covered etc in contract but so far have been paying as normal.

Thoughts welcome.

I think you need to have a sit down with her and lay it all on the table as maybe she would like some time off to get her health back and is worried about how you will take this? Maybe a 4 week unpaid break with a temp covering and then reassess?

I think it may come to that. She claims that taking buggy up and down front steps has done it (not with kids in I hasten to add, it is also a lightweight model cos of steps). I asked her to do this after a £160 repair bill on Buggy... But I think this is a bit of an issue as there is no way with a 4 year old and 3 month old I can modify job sufficiently to extent won't risk her back.

£160 and of course a sling is out of the question, a chat it will have to be as hard as it is for both of you.

Tough one :(

What sick leave is in her contract & why have you been paying as normal?

What notice period do you have in her contract?

Essentially, I think you need to talk to her and see where she's at with it all, what she wants to do/what she's able to do.

Talk about how you can cover it if you can't be there (no cancelling appointments!!) and she needs time off and how that will be paid for.

I am sure (if she is as nice as you say) that you two can sort this out.

(Why can't she use a sling for the baby and the 4 year old walk?)

Completely agree re buggy and 4 year old (i don't use it with her- we have a board on newer push chair if necessary). Sling tricky with back (she still uses one although have not made her- we also have an ergo that is loads easier to use but she hasn't learned knack of putting it on).

I think there is a lurking issue of her not coping with the two of them. Trouble is the unreliablity and stress of worrying If she is ok isn't helping my recovery. Dh also not sympathetic as thinks she is trying it on (the sick days have been on a Monday....).

We have 3 days sick pay then ssp. Paid as normal as has only had one day sick- others have been worked in lieu (she offered but this doesn't take away from initial issue).

Do you want to keep her or let her go? You need to get that fundamental decided first, and I'm not sure you've worked through that one in your head.

There are 3 options

1. You want to keep her but only if she becomes more reliable. In reality almost impossible to effect this option - you can't control her health problems. Best you can do to influence is to stop letting her do time in lieu to make up hours, and start paying SSP only. All the time you let her make up hours you are enabling her and she has no incentive to go the extra mile. Of course that will only create a change if she is genuinely able to make more of an effort to work through her pain (I have a deformed back so know all about that). If she really can't do any more then you are left with other two options
2. You would keep her even if she doesn't improve. Easy one, you need to arrange back-up care, then sit down and explain to nanny that this will need to be funded by you, so SSP will kick in as soon as she has taken off 3 days of leave in any 6 week rolling period (see below though)
3. You would let her go if she doesn't improve. There is an option of 'capability to perform job' that might be an option here as a potentially fair reason for dismissal, but it is a legal minefield and much hinges I think on whether the health issues result from a genuine disability (which she is protected for) or not.

For either option 2 or option 3 you need good legal advice. Option 2 may require a change of contractual terms which your nanny will need to agree to. Option 3 will need clear legal guidance so that you do not put yourself at risk of a claim for her on discrimination grounds.

There is a concern that she 'blames' the pushchair on causing her back problems. TBH that suggests to me that your depth of loyalty to her may be deeper than hers to you, I would consider raising this with a legal adviser too, in case there is a risk that she may sue you for an injury at work.

You may want to post this issue in either the legal section or the employment section of MN in order to get some advice from people with more relevant legal expertise. I'm certainly not qualified to advise on any of this.

All depressing stuff, am sure that neither of you wanted to be in situation where you are both unwell, and am sure it is causing lots of stress given good underlying relationship you probably had before all of this.

Thanks squiffy - have also posted in employment but your post really sets it out neatly. It is a tricky area but I think your comment about the loyalty/feeling on both sides and how this has impacted relationship rings true.

My big concern is effect on my older daughter if ultimately we do end up losing her for whatever reason. I suspect that may not be as bad as all that though as she is generally pretty confident and seems to take most things in her stride .

Not much advise on what to do, I am sorry you are in such a difficult position and wish you a speedy recovery. One thing did jump out at me though, if she is blaming carrying the buggy up and down the steps for her back problems, could she be working up to a claim against you for this? I deal with employer liability claims in work and this was a big red flag to me when reading your thread. I hope I am wrong.

Dizzy - that thought had crossed our mind. We will deal with that when speak to us.
My view on that is if that causes an issue ,how can she "throw" around my 4 year old (who is 17kg), use sling (despite saying it hurts her - I don't make her by the way) etc. is any of this "contributory" behaviour that could be used if does claim ?

Sorry OP only just read your latest post. Yes could be considered contributory negligence, but would come down to reducing the claim by a %, ie if it was decided she was 25% responsible, she would be awarded 75% of the value of the claim, which would depend on the level of her injuries. There would normally be issues about whether she reported it to you, whether as an employer you carried out a risk assessment, of her duties etc.

Thanks dizzy. Had long chat with nanny and discussed things. Turns out it transpires dr doesn't think it was buggy or work that did it . We had long char about best practice for lifting etc and our duty as employer and think things are clearer. One of the unspoken assumptions was that my dm could pick up and help if she isn't around so have cleared that one up.
Good news is nanny on mend nd should be back next week. Now I have to get better too

Glad you seem to have sorted things out. We have had nanny health problems in past and have lots of advice on fit for duty and medical incapacitation if you need more info then pm me.

Glad talk went well and nanny on the mend, good luck in your recovery.