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Temp nanny sick for last 2 days of contract. Should I pay her?

16 replies

evertonmint · 05/03/2015 09:39

I've had a temp nanny 2 days a week to cover while I've done an 8 week contract.

We agreed everything over email - pay, travel reimbursement, hours of workers, but we didn't discuss sick pay (an error on both our parts I suspect). We pay through nannytax so all is above board despite being arranged quickly and fairly 'on trust'

She had one day off last week whether DD was in hospital. I paid her full pay and didn't have any discussion about it. I had notice and was able to rejig things. I may have been foolish to do so but it felt right under the circs.

This week is her last 2 days. She phoned in sick 10 mins before she was due here. Left a vmail as I was sorting the DCs out. May not be in tomorrow as will be less than 24 hours of she's sick again.

Do I need to pay her full pay for these two days? I will if the consensus is I have to.

My understanding is that it is the employers choice untilSSP kicks in. But have I set a precedent with last week?

Should I pay full, half or nothing? Should I just call and say "let's say last week was your last week"?

I'm annoyed of course - wouldn't bother me if this was long termbut v frustrating when I have the last 2 days to finish up and might have to pay nearly £300 for nothing.

But I don't want my annoyance to factor into what I do, so wondered what is the correct thing under these circs.

Thank you!

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evertonmint · 05/03/2015 09:41

I sound horrid! I will absolutely pay full pay if I have to, no problem. My annoyance is my internal thing to deal with and will not be taken out on her.

I just wondered what my obligation is here given the circumstances.

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GritStrength · 05/03/2015 09:45

You don't have to pay her and in these circumstances I wouldn't. The fact that you chose to pay on a previous occasion doesn't mean you're bound here.

GritStrength · 05/03/2015 09:46

Also I think nannytax have a legal helpline you could speak to if you're unsure.

eeyore12 · 05/03/2015 10:48

I am a nanny and no she is sick so you don't have to pay her ssp kicks in after I think 3 days so up to you whether to pay these two days or not, I know many long term nanny jobs where the nanny doesn't get paid if off sick apart from ssp. Although don't forget even though she is a temp she will be entitled to holiday pay as you are using PAYE so I think for 8 weeks it is about 4 days (check with nanny tax) so last week could be one of those and then this week as well. So you deft don't have to pay her sick days but you may have some holiday days to pay.

Def worth a call to your payroll company

eeyore12 · 05/03/2015 10:50

Oh and you mention travel reimbursement. Do you mean travel with your children as she is not allowed to claim for travel to and from work the same as any other employee.

Karoleann · 05/03/2015 10:50

No, I would not pay her at all, especially ringing in sick 10 minutes before she was due, she must have known before that she wouldn't be able to come in. You were very generous paying her last week.

I don't pay sick pay for nannies above SSP unless they've been with me for a long time and had very little time off sick

I very much doubt she would expect to be paid.

bunnyhipsdontlie · 05/03/2015 11:56

I am a nanny and I don't think she should be paid. I wouldn't want to be paid if I was this nanny.

Viviennemary · 05/03/2015 12:03

Under the circumstances I don't think I would pay her. She has already had a day off with pay in what was a very short contract. Ringing in sick 10 minutes before she was due to start is very bad indeed. Sick pay wouldn't normally be paid on a very short contract IMHO.

jendot2 · 05/03/2015 12:05

No you shouldn't have to pay sick on a temp contract.

CurlyWurlyCake · 05/03/2015 12:09

I also wouldn't pay. 10 minutes notice!

evertonmint · 05/03/2015 12:20

Thank you all.

I think the 10 mins was because she had literally just been sick. She did sound terrible, like she was crawling back into bed.

The travel reimbursement we agreed is just the miles she does when transporting my kids around, not her commute.

I'll check everything with nannytax, including the holiday, but plan not to pay her. Will have that conversation later with her.

She has been great - fitted in quickly and brilliantly with 3 very different DCS, so this is just a big "aaaagh!" moment.

Glad I'm not out of order it paying. That's good to know.

Thanks

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Blondeshavemorefun · 05/03/2015 12:51

As a temp no you shouldn't pay her as she is ill / but you def should pay if you cancel for whatever reason as is a short term contract and she is employed by you - and you did :)

Nicadooby · 05/03/2015 21:31

When I was a nanny I would not expect to be paid in these circumstances

Forresitters1 · 06/03/2015 17:48

You have agreed to do the right thing! As a temp nanny I would not expect to be paid under these circumstances especially with the notice of calling in sick she gave you and you were very generous in paying for a day last week!

FlorenceMattell · 06/03/2015 17:57

According to government holiday calculator 8 weeks x 2 days equals 1.7 days holiday.
As a nanny I wouldn't expect sick pay.

evertonmint · 06/03/2015 21:41

So I didn't pay her. She wasn't sick after yesterday morning's incident so she came in today. All was well. The DCs had a great last day with her, presents were exchanged and I got my work finished.

All has ended well :) Thank you for the advice.

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