Paying nanny when she is ill?

[Kitsilano]

My nanny works for me 2 days a week and let me know with a week's notice that she needed to have a minor op (Not on one of the days she works for me). I assumed she would not be able to work the following 2 days for me but she insisted very firmly she would be fine as it was quite minor. Of course she wasn't fine and the afternoon before she was due to come to work she let me know she had been kept in hospital so couldn't work the next day (but said she would be in the follwing day). I had to let my employer know I would miss a day. Then the NEXT afternoon (5pm) she let me know she wouldn't be able to work the following day either - so I had to call in again to say I wouldn't be in work the next day. All a bit frustrating as I had predicted this and given the opportunity could have perhaps organised alternative childcare or at least given my office notice. And it means I wont be paid for the days I didn't go in as I am freelance. Do you think I should still pay my nanny as sick pay? I think not as I have lost income already (not to mention looked unprofessional for all the last minute chopping and changing) but I wonder if I am being too harsh as it was beyond her control in the end. If you have made it this far - what do you think?

What does the employment contract you have with your nanny state re sick pay?

Ultimately will depend on what the contract says. It may say that x number of days sick are paid, then rest are SSP. Or it may say all are SSP.

However, you may be best looking at overall picture... lets say your nanny has worked for you for 2 years, and in that time they have NOT HAD ANY sick days. You may then feel as an employer that your employee has been very committed (and it appears your nanny is, as she insisted that she was fine to work initially following her minor op), and that you will reward that commitment by paying normal salary on this occasion for the sick days.

Look at the contract, then go from there. Your nanny is not freelance, they are an employee, so their pay rights are different to your own, so if you need to check what rights your employee has, try looking at acas.gov.uk and dti.gov.uk

I am embarrassed to confess that I do not have a written contract just a letter of employment with salary, holidays, duties etc but not sick pay. As she only does 2 days for me I thought she would count as self employed but now looking into it that is clearly not the case....

I think you need a contract pronto. How much have you actually lost by not going to work. If you had paid another nanny to look after your kids in order to go to work (hence paying double childcare -- probably more than double since last minute short term nannies are quite expensive) then how much would you be out of pocket?

Personally, I thin I'd let it go, but I would tell her that by being wishy washy it kept you from arranging alternative care, and hence you lost two days of pay because of her poor planning.

However, if you cannot afford to be unpaid and pay her (and I mean if it means you can't buy the groceries next week without a loan) then I would probably explain that I cannot pay her because ui was not paid and I therefore don't have the money with which to pay her.

I don't have this problem because I am a staff employee. So, if the nanny is sick, then I just call in and take an unplanned holiday.

I also didn't think to discuss sick pay when I employed my nanny. When she went sick I paid her anyway and she did some free babysitting for me in return. Although it is really irritating paying someone for when they are not there, I think you need to take a long-term view, and it depends how good they are / how often they are likely to be sick