Do we pay a nanny who must self-isolate when she returns from holiday? What does the law say?

[ParentOfOne]

Our nanny went on holiday to a country which was in the safe corridor list (or whatever it's called) when she left, but now has been removed, so she must now self-isolate for 2 weeks when she comes back. Which of course means we have to arrange childcare for 2 weeks and we have no idea how, but that's a separate story.

The question is: do English (we are in England) employment law or government regulations dictate if she is entitled to her salary?

For the record, we paid her full salary when she was in furlough, but by going on holiday abroad I think she was reckless, she knew this might have happened, so I don't see why I should be paying for a risk she was aware of but decided to ignore.

Thanks!

From the direct gov:

You cannot get SSP if you’re self-isolating after entering or returning to the UK and do not need to self-isolate for any other reason

Yes, I should have been clearer: one week off on leave, and another week paying her the equivalent of SSP even though she is not entitled to it and I am not obliged to pay that

If she's a really good Nannie who you usually get on well with I would just pay.

The last thing you want is to annoy a potentially brilliant member of staff who you might find difficult to replace.

However, if she's 'ok' and you're not overly keen on her, then maybe just pay the basic amount?

I don't think you should pay her. There was always going to be a risk at this time if you go abroad. But it's up to you.

OP, you are quite right about the risk, people going abroad at the moment have to take the consequences of reckless behaviour. I cant believe people are arguing it - surely anyone with any sense must know that the situation is very changeable at the moment, and that this can happen. If she took that risk, she has to deal with the fall out.

No, morally there’s no requirement to pay. The nanny, ot anyone else for that matter, did not need to go on holiday abroad during the pandemic bar very few exceptions. I did not see my mother this year nor any other family who live on the continent. If they were ill I’d consider it but no one “needs the sun”, they just want to carry on as if nothing happened

Or alternatively, pay her for those 2 weeks on the basis she makes up the hours in, for example, the next 6 months.

On reflection, I've changed my mind about you being morally responsible OP and I apologise.
I was feeling sorry for anyone left in a position of being abroad when quarantine rules change.
Now I agree that travel abroad is undertaken in the knowledge that these rules can change without notice for public health reasons.

Was it her home country?

I would not pay her in this situation. The risk was obvious to anyone with half a brain. Her problem.

Legally, I don't think you have to. If she has annual leave, time owed etc I think you should allow her to use this in the first instance. Our employer (public sector) is doing this.

Like PP have said, you need to accept the consequences that you could possibly be looking for a new nanny in a fortnight if you don't pay her.

My employer has said the same as arriettys. Take annual leave to go on holiday but make sure you have enough leave to cover any potential quarrentine. If no a/l left then it’ll be unpaid leave.

@Bluntasduck

Just bloody pay her

Maybe they can't afford to pay for childcare twice, have you considered that?

Somebody to look after their kids for two weeks and the nanny who went on holiday when she could have gone in the UK. It's a NO from me

Some NHS trusts are saying they’ll give you full pay if you booked the holiday before lockdown started and can’t change the dates without losing money - but if you booked a holiday abroad since lockdown started you have to take annual leave / unpaid leave which seems fairly reasonable to me.

No I don’t think you should pay her in the circumstances, if she has annual leave left, you could let her use that, if not unpaid leave, as you say everyone was aware of the risks of travelling this summer, if you decide to go you accept the risk. I would feel more sympathetic if Nanny was travelling home to visit family rather than just a holiday though.

If you’re having to pay for someone else to do her job then no, I think she should take leave or unpaid leave.

People knew the risks and to be honest, most of them were bloody minded about getting their summer holiday. I'm sitting in London this year because I didn't want to deal with quarantine. I would pay her, on the basis that the hours will be made up, with evening baby sitting etc.

I live overseas. Most families travel back to their home countries during the summer to see their families. I know the vast majority of employers have said if you have to quarantine when you get back, it's unpaid leave.

Unpaid leave or use holiday allowance, she's stitched you up and I don't think she should have her cake and eat it too.

Does the Nanny live in with you ?

I agree with you OP it's a risk your Nanny knew was there when going abroad. My work place have said we'll get full pay for the quarantine IF the holiday was booked before March 31st, if we've chosen to book a holiday abroad after that date it's totally on us as we know the situation so therefore it's unpaid.

If your Nanny has had the holiday booked since before the UK went into lockdown I'd be inclined to pay her, however if she has chosen to book it recently she knows the risk so should get SSP at most.

I think if she booked it prior to the March lockdown and her flights weren’t cancelled then you should pay her, but if she booked post lockdown then half pay or no pay.

No way.

Did you have a conversation before she went on the holiday? Unless it was a long holiday I'd have thought this would have been something agreed before she went, your post reads like she's till there, it can't have been a surprise that this has happened

No I wouldn’t pay her, I would go by the contract and guidance. If you have a pay roll company they will probably have some guidance which they can send you to send to the nanny for this situation to keeep things professional.