Nanny question re holidays

[Rhianna1980]

Hi everyone, I am in the process of considering employing a mothers help and I have a question. She will be working part time - on 14 hrs a week. We already have booked 5 days away to go and see some family so we won't be requiring her help then.
We haven't employed anyone yet so I'm still in the learning process of how this whole thing works and see if it is something we want to carry on doing.
From what I have read is that most employers decide on half the nannys holidays leave the other half for the nanny herself to choose the days. Which sounds like a good idea.
But considering the nanny would have only been working for us for 3 weeks or so before we go on holiday , she wouldn't have accrued any holiday yet . So my question is that can I ask her to work her hours a week in advance? Am I legally allowed to ask her to do that ? Please be gentle with me. I am only just starting to learn about all this business.

I would say that it is not her fault you are going away just after she starts so you just pay her as normal and she gets that time off out of your choice of time off for that year. If she leaves before a year and has ended up with more than her choice of hols then you can ask for the extra to be paid back before she finishes but if she has had more holiday because of you not needing her then that can't be ask for as she would of been available to work but your choice not to have her in.

How would you feel if you started a new job and they said to you we are shuting the office for a few days just after you start and as you won't of been here long we would like you to make up those hours as you won't have any holiday accured yet, while everyone else gets given paid time off?

You can't require her to do extra hours - she might have another job. You can ask though, she might prefer it to using her holiday allowance.

Thanks for taking your time reply. It makes sense.

We have had similar. We took it from our half of the holiday allowance, and ended up giving more holiday in the first year. Jobs like this are a partnership, you have to be a bit flexible for it to work

Sure. Thank you

You dont rally have to accrue the holiday to use it though - if your works holiday year starts 1st April, your boss isnt going to make you work for a few months before you have accrued enough to get a fortnight off!

The splitting the holiday thing might not work with someone only working 14 hours a week because they would probably have other jobs? Make sure you make it clear at the interview that you would want to operate holiday like that.

You accrue holiday from day 1 so she will have accrued something in 3 weeks, just not much.

Whoever you employ for a 14 hour a week job is unlikely to be able to do a 28 hour a week job as a one-off, but I suppose you could ask. Is there anything you could ask her to do while you're away? If she is a mothers help rather than a nanny, does that mean household stuff?

I've been asked to come in whilst my bosses were away before. I fed the cat, collected post, and did child related household tasks (disinfected toys, batch cooking for the freezer, gave the kids' rooms a really good clean, got out all summer/winter clothes and washed them ready for use).

I usually didn't work my full hours as there really wasn't a huge amount to do, but neither I or my boss used our annual leave which suited us both.

You can't really expect her to work her hours the week before, although I guess you could ask and see what she says. Otherwise, she should be given paid time off (either as part of your allowance or as additional holiday) because she is available to work.

I would not do 50% their choice.

I would offer them statutory holiday, 5.6 weeks x hours per week.
I would decide each time leave is applied for if it is convenient for you or not, thus granting it or denying it.

I would aim that you end up with roughly a situation of you deciding half the dates and them deciding half of them but I would not contract for that, as you may go away more often.

Asking them to work extra hours one week I do not feel is reasonable unless it appeals to them. I do not see how it would work with regard to holiday entitlement as they would still be on leave the week that you are away.
Depending on what help they are giving you, you may want them to come in for a day, or part of a day during the time you are away, for example to do laundry, housework.

Give her the paid time off, but make sure there is a clause in the contract that you can make deductions from final wages for any holidays taken that weren't accrued. That way if he/she leaves before accruing the holiday you aren't out of pocket.

Its always been a standard clause in any contract I've had.

No, I would ask her to work double hours.

Sorry that should have said wouldn't

Thanks for all your help

I'm a nanny and if I was offered a job but the employers said I wasn't allowed to choose 50% of the holiday dates then I would turn it down. It is impossible financially for me to go on holiday during all the dates my employers choose (half term) so I would never get to go away.
Just something to think about.