Holiday entitlement Q

[gladders]

we have a fab nanny with sole care of our two (ds 3 and dd 1) - she is wonderful and our life couldn't function without her. We originally agreed she would have 4 weeks holiday a year but she has had way more than that with extra days here and there plus Xmas etc and that is fine.

Recently, she booked a 2 week holiday despite me confirming I coud only take a week off work and needed her back for the Monday. I have failed to properly discuss with her how she will repay the two working days she now 'owes' us....

Then today she an nounced that she would like 2 two week holidays next year (we choose one date and she chooses the other) - with no mention of the fact that we would then have to give her the time over Xmas and that there would be no flexibility for extra days. Also no mention was made of the two days....

Sorry all very long but I am feeling a little used here and want to respond calmly and comprehensively to this - AIBU?

Did you have the agreement in writing? She is pushing her luck a bit, especially booking a holiday without confirming that it was OK with you, and dropping you in it.

I don't think YABU but this defintely need to be cleared up before you get resentful, or worse, have to start taking holiday or unpaid leave to cover for her.

How long has she been with you? Is it time you renegotiated the terms of her employment so everyone is on the same page?

I would suggest that she take a one week and a two week hol instead of the two x two, as you said she will have time off over Christmas (is it long enough for her to travel home? Is she originally from abroad? Could you help contribute towards the cost of a flight at Christmas if she is going overseas as it's likely to be very expensive?)

Great that you have been flexible so far, but she sounds like she is taking the p...

You need to remind her of her holiday entitlement - never too late to do that. In fact, you should not leave it too late otherwise the law may interpret it as your having altered the terms of her employment by conduct.

Any leave requires prior notice and approval from you. Any leave over and above that is at your discretion and strictly speaking unpaid. These are all standard terms of employment.

I would be fuming as well!

Our nanny has 4 weeks holiday - 2 weeks to be chosen by her and 2 weeks by us. We've already gone over "our" 2 weeks, so she will end up having more than 4 weeks - but that's our choice I guess.

I asked recently what holiday she would like over Christmas - and she was a bit vague - mainly I think because she is hoping we will tell her which days we don't need her - so that the days don't come out of her holiday entitlement. However, I will probably have to work so have told her that unless she specifically books days off that we will need her, but that if she wants time off, we can cover it.

So I think my point is, that you might want to ask her what holiday she'd like over Christmas, and if she says none, then say ok - that you'll have things she can do on the normal working days... She might re-assess how she wants the holidays - or she might not be fussed about taking time off at Christmas at all..

Phew- thank you all for that - agree entirely that I need to grow up and sort this out - it is starting to niggle at me.

We (stupidly) never had a written contract p- she is british and 100% trustworthy so have no real issue with that and don't generally feel the need for a written contract now but definitely worth reminding her that we did agree 4 weeks and that she really does need to save some holiday up for Xmas as dh and I have to do.....

Yup - what I really want is a week kept to cover Xmas and odd days here and there - will discuss it properly with her tomorrow.

Thanks!

Holiday Entitlement Information

It should be noted that as of 1 October 2007, holiday entitlement increased to 24 days, for someone working 5 days per week. This is INCLUSIVE of Bank Holidays - so if your nanny has Bank Holidays off in addition to the 4 weeks holiday, then nothing changes.

There will be another rise in entitlement in April 2009.

Once an employee has been with you for 1 month, a written contract - known as a Written Statement - is a legal requirement.

So I would strongly advise that you have a chat with your nanny, and draw up a written statement - Self Help Guide