Nanny holiday advice

[TinCan]

We've contractually agreed with our nanny that she will get 4 weeks hols per year - 2 chosen by us, 2 by her.
We took 3 weeks off in Aug and will take another 2 weeks in Dec (5 total). She has just informed us that she would like to take 2 weeks in Oct. That's a total of 7 weeks this year and she just started with us in April. A couple questions:

1. Contractually the holiday period is Jan-Dec. Since she just started with us in April, I thought she would only be entitled to 3/4 of the full yr holiday allotment - or 3 weeks with 1.5 weeks chosen by her. Should I enforce that she only takes 1.5 weeks in Oct rather than the full 2?
2. Since she will get 7 weeks holiday this year (April - Dec), do I pay her for the additional weeks that she's had off above and beyond her entitlement? Maybe I do because I chose all the extra time rather than her. I want to be fair, but it seems like a lot of paid time off for her - especially since she just started in April. Thanks for your advice.

I'd do the 3/4 of the annual entitlement thing, as long as the contract clearly stipulates a calendar holiday year.

As for the rest of the holidays she is getting, I think it would be grossly unfair not to pay her - she is available for work!

In these situations in the past though, I have asked the nanny to work while we were away for a few hours a day, doing a major sort out of the children's rooms/toys/clothes etc. That worked quite well!

I think your first point is a reasonable one to raise and see how she reacts. If negatively, why not change it so your holiday year runs April to April.

Otherwise, I think the fact taht you have decided to take more than 1.5 or 2 weeks off during the holiday year is your choice and she should be paid for the time that you're away. My neighbours get their nanny to come into the house still and do light housework/nursery duties whilst they are away and they're still paying her.

Hi TinCan
If the holiday year runs Jan-Dec, she will get 3/4 as you say.
Just to let you know, you don't have to allow an employee to 'choose' any of their holiday entitlement, you can just tell them they are taking it if you want to.
You could say only 1.5 weeks in October, that would be fair enough. However, as you have agreed 2 weeks chosen by her and 2 weeks chosen by you I think you do need to pay her for the extra weeks you have essentially 'forced' her to take off. It is a lot of paid time off, but it's not her fault she is not able to work because you choose to go away, so she would be seriously out of pocket.
Just to throw something else into the mix, do you realise statutory holiday entitlement is going up to 24 days instead of 20 in October...?

TinCan - I agree that if your contract states the holiday year start (the one I use does) then your nanny is only entitled to 3/4 of the full entitlement and that you can therefore ask her to take just 1.5 weeks in October.
When we have taken 'extra' holiday (ie. not when nanny on hol) then we have paid the nanny for the time when we were away - she is available for work, it was our choice not to be there. I think most nannies end up with more paid time off than the 20 days in most contracts.

Flowerybeanbag - does the new 24 day rule include bank holidays ( Current legislation is 20 days minimum but this can include bank holidays so is more like 14 days plus BH, if you want to be tough about it)

Hi Millarkie yes it does include bank holidays, so minimum would be 8 BH (usually) plus another 16 days.

depending on what your nanny is planning for her holiday I think restricting her to 1 1/2 weeks is a bit mean - a lot of package holidays are for 2 weeks so you might spoil her plans. Personally I wouldn't stick with the calendar year and let her use up her annual entitlement. This assumes you intend to keep her for the full year.