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Nanny & mat leave

8 replies

KellyKettle · 26/04/2012 12:15

We are employing a part time Nanny from September this year. We already have someone ready to start and she is very open about her desire to have more children and not wait too long for her next one.

I realise as our employee we'd have to pay mat pay etc and thats all fine. My question is about her returning post mat leave. My employer has obviously had to hold my job so I can return to work. Would I have to do the same for her? If I settle my children in alternative childcare (probably nursery & school) must I take them out when she returns from mat leave?

Obviously she isn't pregnant so this is hypothetical - she may decide to wait years, who knows - I just wondered how it worked.

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StillSquiffy · 26/04/2012 12:37

She has the right to come back after OML and you have to keep job open. she does not have automatic right to bring her own child with her, though, so it may not be financially feasible for her to return (unless you decide to let her bring the baby).

If you decide that you no longer need a nanny at any stage (eg after they've settled into nursery/school) then you can make her redundant because your needs have changed. What you cannot do is permanently replace her with another nanny.

So I'd not be concerned too much. If she's a good nanny you will probably want her back, if she isn't you will have replaced her well before she gets PG probably, and if your needs change, they change. No big deal really (although finding ML cover is a headache of course)

MrAnchovy · 26/04/2012 14:39

She has the right to come back after OML

... she has the right to come back at any time during her maternity leave, Additional as well as Ordinary i.e one year in total.

KellyKettle · 26/04/2012 18:54

Oh I hadn't thought of redundancy. That makes sense. I couldn't figure out of I had to employ her when I didn't need her. She loosely plans to have her next baby when my youngest is preschool age so if that was the case I probably wouldn't replace her.

Thanks so much for replying!

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bbcessex · 26/04/2012 21:24

like stillsquiffy has said, if you still have a requirement for a nanny after a nanny goes on maternity leave, then of course that role "belongs" to your original nanny, so you would not be able to have a nanny without the role going back to your original nanny first (even if you have a temp nanny and she suits you better). If your children are at nursery or school, and you don't need a nanny any more, then the position is redundant.

You don't have to allow her to bring her new baby with her though (although you might choose to, and sounds like she already has a child who may come to work?).

SMP is paid by you to a qualifying nanny (ie if she has been employed by you for a qualifying period of weeks before falling pregnant), and claimed back. Your nanny's maternity appointments etc. can be taken during working hours - same rights as you have with your employer.

Holiday is accrued by the nanny during maternity leave and paid to your nanny by you (and not claimed back), so that's approx 5.6 weeks pay that you have to bear in mind.

KellyKettle · 27/04/2012 03:53

Thanks bbcessex, that's fine. Yes she already has a baby who is coming with her when she works here. My DD1 will be a preschool part time so it's just her and DD1 for two half days. I didn't see why she couldn't bring ds.

I'll just plan for all of those costs long term then.

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deefin · 27/04/2012 09:53

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bbcessex · 27/04/2012 13:27

Sounds like you've got it all covered. I've had two nannies who've brought their own young children, and I think it can work well with the right people x

Good luck, sounds like you like her and she you, so that's a good start!

KellyKettle · 27/04/2012 13:40

Oh what did I miss?

I really like her and my DDs like her. I just don't want to sour things by being a crap employer and not knowing what I should be doing. I'm quite anxious about that side of things.

Thanks for helping!

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