Nanny's "chosen" holiday - would you pay out?

[BigGlassOfWine]

Our nanny is leaving shortly, and has just realised that she didn't take one of her "chosen" days. We have a contract which allows her to choose two weeks. However, she has had more than her total entitlement overall, as we have been away a bit, so she has had four days more than the total in her contract, and her contract is already two more than statutory. So I'm not feeling particularly sympathetic about paying out a day....
What do you think? Am I being unreasonable?

Also, she has always taken her two weeks as "extra", in the sense that there is never any overlap, she waits till we have chosen our days, then wants hers at other times. I thought the idea was more so that both sides could work out when to take holiday so as to be away at the same time - any thoughts how to handle this with future nanny? Get nanny to choose at beginning of the year?
Many thanks in advance!

Very true kindle. That's the main thing - terms made clear at the start of the job :)

Yep, I'm always amazed at how many people think it's too awkward to clarify terms when you've just been offered a job - to me, it's far more awkward to have those chats after you start - and once you've started the job your negotiating position is weaker anyway.

Hi,
Thanks all!
Yes, I guess it is down to better communication, and there is no good solution.
Just to clarify to some posters, I really don't mean I don't want to pay for days when I choose to be away, that wouldn't be fair. I also do want to let the nanny choose days, it's just that I don't think it's realistic for a nanny to expect a total of 8 paid weeks holiday, and (down to communication again!) we need to work out how to let nanny choose within 6 weeks (or a bit over, it's never going to quite work out).
As parents, we are "small employers", and if big employers don't pay more than 6 weeks, the only way for us to pay eight weeks holiday (and tax and NI) would then be to adjust a nanny's salary downwards, and that's not nice, either.
Thanks, nannynick, for comment re not putting it in the contract, I think that's what I might do, but really not to stop nanny choosing at all, just not to have to pay out where actual holiday days given is already over total number in contract.
But I have paid this time, you live and learn ;-)

We write 12 month contracts and we agree all the holidays and write them into the contract at the beginning of the year. That way everyone has time to plan. I do ask nanny / au pair to avoid term time if possible, but i'm willing to compromise, depending on the reason and my work/holiday situation. I usually pick the American things like Thanksgiving and 4th of July, hand it over to her for her requests and then we discuss/agree from there.

She does not have a contractual right to announce her chosen dates, and certainly not at two weeks notice. All holiday requests are subject to approval... Just like they are in my job.

Can anyone imagine if their employer turned round and said, "you have to have your holiday when we say you can"?

I imagine most people with a job can imagine that, since it's entirely standard.

Yes ... but you can request the days you want. Employers (apart from a few, like schools) don't specify exact dates, with no alternatives.

Nannies can request dates as well, their employer either approves or denies the request. It has to be convenient to all parties involved, nannies can't expect to take holiday whenever they like.

Sleighbells in my experience it is usual for employees to apply for holiday and for employers to say whether they can take those days. It can easily be the position that an employer can tell an employee when to take their holiday. For example a colleague wanted time off over Christmas but was told they had to work. Fair enough as they had had time off over Christmas last year.

That's what I mean. Most employees will see if requested dates are convenient, rather than dictating dates.

Employers not employees

Some employers will dictate some dates - when I worked in retail, between Xmas and New Year was a quiet time for us, so everyone had that time off. Nannying can be similar in that a family may always go away for certain weeks, so can specify those dates in advance.

Agreed nannynick

Our nanny used to come away with us and work when we were on holiday, that way we didn't need a baby sitter and could go to bars and museums etc. that small children sometimes find boring. She then had 4 weeks when she wanted, subject to plenty of notice. We would each take our remaining leave or get my mother down to help.