Holiday pay for CM when on long-term sick?

[NumptyNu]

Should CMs expect to receive 'holiday pay' for Xmas if they are currently 'out of action', and have been so for several months, and may be so for another couple of months?

Hi there, we don't 'do both', only she does. She does 2 days our kids our home, and 3 days other children and her home (ie nothing to do with our kids).

And that's why I use the term CM, because thats mainly what she is. She is 3/5 CM and 2/5 nanny.

but when she works for you she's a nanny!! That's kind of a relevant detail. Nannies who work regular hours for the same family cannot be self-employed. It's you that is liable for the fine from HMRC, not her.

If she was a plumber the other 3 days, would the thread title be 'Holiday pay for plumber when on long-term sick?'? Of course not! What she does the other three days is irrelevant. She works for you as a NANNY. And should probably be employed.

Oic. Sorry thought you meant she had your kids at hers the other days

Then she is def a nanny while working for you and you need to employ her / as and when she comes back

You as the family/employer would be liable to the tax office for tax evasion and you could be fined up to £3k and possible prison sentence - regardless if you said you paid her gross and she is sorting it out iyswim

While this person has been off have you got someone else in your home looking after your children?

If so they need to be employed by yourself

New ruling that the long-term sick can carry forward holiday automatically

That's about employees though, which she isn't, but probably should be.

It sounds like you've been paying her holiday pay though? Has she accrued enough to take time off at Christmas? If you've been paying her accrued leave each month surely there is nothing owed apart from the December accrued leave?

Hi outraged, yes, we looked into the 'nanny status or not' when checking the hmrc situation, and it was complicated, but she fell into the category that needed to do their own tax etc, and is hence 'self-employed' for tax purposes.

I think we're getting too technical perhaps (although I'm very grateful that you've all highlighted some of these technicalities). It was a feel for the 'fairness' issue that I was after. We have a very relaxed arrangement, and I have no intention of antagonizing her to the point at which she wants to take us to court! I probably need to have a conversation with her and get things agreed and clear for the future, and explain that I wasn't anticipating paying while we were effectively (but yes, unofficially) out of contract. I'm sure we'll come to an agreement.

Why complicated?

She looks after your children in your house - has done for a while - makes her a perm nanny - which legally makes you her employer

I think it's quite difficult to judge the fairness without the technicalities.

If she was a childminder, as other posters have said, she would be outrageously cheeky to ask for holiday pay.

If she was an (employed) nanny it would be her legal right to either carry the holiday over or be paid.

You can see why the technicalities matter!

Hi blonde, I'm just going by how hmrc classed it when we gave them all the details. As I said earlier, I can't post all the details here for obvious reasons. Thanks all so much for your input though, it's been really helpful.

Just don't want you to get into trouble op :)

Just be careful - some nannies say they are se and aren't and it would b you who gets Into trouble if anyone ever found out

Understood. Thanks so much. Time to double check everything I think!

No probs numpty :)