Maternity rights!! Can I offer my full time nanny a part time position when she returns?

[ziopin]

I've had a nanny for a year now, and she is leaving in July to have her baby.

When she returns after Christmas I only need a part time nanny (dd in school full time from Sept, and ds in p/t nursery). My Mam has said she'll look after the kids pre-school.

I've been told that I MUST offer her her old job back, but I dont need a full time nanny!

hi!

I'm afraid you cant make youre nanny redundant during maternity leave, or shorten her hours.

look at it from her point of view- imagine leaving your job to have a baby and being told they were going to shorten your hours now..... not great?

you didnt mention if she is returning with her baby?

if this is the case read this from the nanny tax website:

'All nannies have a right to return to work, but only on the same terms as you were previously employed - e.g. not with your own baby if your employer does not wish this.'

I think the best thing you can do is talk to your nanny about it, surely you must have had some discussion about her returning to work, and hours etc?

good luck!

Yeah, she does want to bring her baby to work with her.

Surely if the need for childcare is not there, should I just pay her full time wages for working a few hours a day.

Do I not have any rights?

I have spoken to her about reducing her wages, she has told me that she'll think about it and speak to Citizens Advice too!!!

No, that's not right. The right to return to the same job only applies if the same job actually still exists. You are perfectly entitled to make her redundant if her old job is not there any more (ie you can't just hire someone else to do her old job, but that's not what you are going to do) and she doesn't work to work for you on different terms. What is the redundancy clause in your contract with her?

You should pay her her maternity leave though. You can claim it all back from the government anyway.

Also, you don't have to allow her to bring her baby to work with her. You can just say no.

So you pay her maternity leave, plus redundancy and she gets plenty of warning. It's not particularly nice for her, but if you don't neeed a full time nanny, that's life.

if shes wanting to bring baby too, then this is good for you as you can negotiate a whole new job, as its now changed (through her choice.)

have you been on the nanny tax site? its got loads of advice on this subject. I'm not hot on it to be honest, I know a little because in nanny world here at the moment there are 6 nannies who have had babies and are returning to work.

I think paying her for the hours she works sounds reasonable, but it will be a big change for her previous job. i think the best thin you can do is to get otgther for a chat and hopefully come to an agreement. Its best to do this well in advance of her return.

have you thought about the downside of a part time nanny though? you wont get all the perks of a full time nanny, such as tidy house and kids rooms, laundry done, etc.

what if your children are taken ill? if shes part time will she be available for sick cover? how about school hols?

hope it all works out for you!

hope ive helped?!

You can make her redundant while she is on maternity leave. You just can not make her redundant BECAUSE she is on maternity leave. As she has only worked for you for one year, you do not have to pay anything in redundancy.

Then, a few months down the road when you need to hire another nanny (on different terms as your requirements have changed, then you can offer her that position). But, by that time, you may find that she has found another job and is no longer interested in your job.

I found out this :
If your circumstances change and you no longer have a full-time job for hyour nanny, perhaps due to the children attending school full-time or one parent working part-time, and you want to employ your nanny on a part-time basis, you are required to first offer the 'new' position to the existing nanny. If she chooses not to continue working under the new conditions you are still required to pay her redundancy pay, unless she is on a fixed term contract. (She is only entitled to this if shes been employed by your for two years.)
also this:
A woman returning from Ordinary Maternity Leave is legally entitled to return to the same job, on the same terms and conditions, as if she had not been absent. The only exception to this would be if a redundancy situation had arisen, in which case she is entitled to be offered suitable alternative employment.

If you do not give the returning employee her job back at the end of her maternity leave, she would be entitled to make a claim of unfair dismissal to an employment tribunal.