Question about employing a temp, pregnant nanny

[spudballoo]

I need your help again!

OK, so having dispensed with the 'I'm self-employed' £12 an hour candidate I've now found someone else I really like the look and sound of. She's pregnant, but has told me she isn't looking for mat benefits.

But my question is whether I would be liable for mat benefits regardless of whether she says she wants them or not? I don't know how many weeks she is, but I'm guessing that she'd be entitled for paid time off for medical appointments etc as any other employee would?

I also don't know if she's well, having an uncomplicated pregnancy etc and I suspect I shouldn't ask in case that is discriminatory?

I don't want to write her off because she's pregnant, as that doesn't seem right or fair.

Any thoughts or advice would be much appreciated.

Spud x

i think to qualify for maternity paymenets you have to be working for x weeks before baby is due or something... and i think it roughly works out that you have to be working before you got preganant.

Obviously she wont meet that criteria so you wont be liable for maternity pay (i think) also even if you were inland rev refund it ALL + a tiny bit extra i believe, so u arnt out of pocket!

I dont know weatehr you have to have the same job open for her after baby is born though; I exepct not but dont know for sure!

If you are intending to (or already do) use nannytax or nannypaye or similar it may be worth giving them a ring for some advice.
All I can remember at the moment is that the government reimburses small employers for maternity benefits including a small amount extra to cover the hassle....but i guess this wouldn't cover the time off for scans, check ups etc. Could nanny take your child(ren) with her for antenatal appointments? (I always took my toddler when I was pg with new baby)
How short is the temporary cover you need, and how strenuous is the job (running round/picking up heavy 2 year old or looking after baby/school age)
If it was a nanny who you employed a while ago who then got pregnant then obviously you would try to adapt the job etc to suit them but for a short term appointment it would be a hassle.

If it's a short term contract then I can't see why you should have to have a job open for her later - I'm guessing you are talking about employing her for a short time whilst pg but her leaving a good few weeks before baby's due.

I would suggest that you get professional advice, as this area can be a bit of a minefield. Contact the ACAS Helpline, they will be able to advise you 08457 474747

As it's the weekend, visit the ACAS website.
Here are some pages which will be helpful:

ACAS : Maternity - A very important piece of information from this ACAS page is: "An employee is entitled to a period of 26 weeks ordinary maternity leave, regardless of her length of service. At the end of it, she has the right to return to her original job."

ACAS - Time off for antenatal care

DTI - Work and Families
There has been a recent change (Babies due on or after 1 April 2007) to the maternity rights legislation. It has removed the Length of Service requirement, additional maternity leave now for all pregnant employees, SMP extended to longer period, changes to notice period for returning to work, and more. So anyone who is pregnant, or employing someone who is pregnant, MUST READ THIS INFORMATION.

Thank you, all very helpful as ever! I will speak to ACAS.

Thank you! x

I worked as a nanny until I was 33 weeks pregnant, although I had worked for them for 3 yrs before I got prgnant so slightly different to your situation. There was no question about me returning to work with my baby. The family didn't want me and I understood their reasons and it wouldn't really have suited me either.

If you only need a nanny temporarily this would be stated in the contract therefore shouldn't be a problem of nanny wanting to come back after having her baby. If you had to keep the job open for her after mat leave it would be based on her returning to work without her baby.

I'd def ask about how her pregnancy is going, it'll show that you're thinking of her aswell as finding the right childcare for you ds. I was lucky, I had a really easy pregnancy until I stopped working a 50+ hr week, then my BP went through the roof!!

I took my 1yr old charge to all my ante-natal appointments. MB didn't mind, was probably glad that she didn't have to change her work schedule!

Aside from the legal stuff, which I don't know anything about, I think the important thing is that you and your ds like her and that she'd be a good nanny for your ds.

Good luck!

You can write a fixed term contract. If I were you I'd want that fixed term to end about one month before she is due. You won't have to keep her job for her to return at any time she deems appropriate in the following 52 weeks.

I would consider though as the contract progresses will she be able to do the work (i.e. lifting your baby when she is heavil pregnant) or running after older children if the dart out the front door for the road.

As an employer, I probably wouldn't have a problem with this scenario so long as it's a fixed term contract. She would probably be a really good nanny becasue she will probably be very greatful for the job. She probably doesn't have a lot of people wanting to hire her now that she's pregnant.

How many times is it acceptable to use the word "probably"?

I am probably right in saying that you can write probably around 3 or probably 4 times in the same sentance, as I have managed to write probably at five times in this sentance about how many times you can write probably in the same sentance.

Uwila, yes I will write a fixed contract for the initial 6 weeks I need, and then if I need her for another 6 weeks I will do another contract. She's only newly pregnant, and given I need her to start in a month's time I'm not going to run in to mat leave entitlement time - not least because she won't have been in my employment for long enough. She will be entitled to mat allowance from what I've read, but that's nothing to do with me.

She's been very upfront with me about being pregnant, and that she only wants a few months of work. She also acknowledged that it is putting a lot of people off. I think it's a good reflection on her that she has shared this.

Her CV is very impressive, she's local to me and I like her style thus far. I'm talking to her tomorrow and then will meet her next week if she's not obviously a lunatic on the phone.

I know there are risks involved, but equally I guess it's a 'known' risk. I could easily employ someone not knowing they are pregnant/crazy/mean etc etc etc.

I will check with ACAS though to be on the safe side.

Thank you again to you all for taking the trouble to help guide me through this, and for sharing your own experience. I can't tell you how helpful it is!

x

Sounds very promising. I feel it's good that you are willing to give it a try. Should be fine, just need to get the contract worded right should anything go wrong. ACAS will help you, they may also advise regarding doing a fixed-term contract. Good luck, hope your phone call goes well tomorrow and that she's everything you expect when you meet her in the flesh.