Question about nanny coming back with child after maternity leave

[WindyAnna]

Hi all

My nanny is due back from maternity leave shortly and will be bringing her own child. We've had a few keeping in touch days and it has gone really well and my DD adores nanny's DD.

I've been legally advised to redraft her contract and include a few new clauses:

1. Addition of the fact that she brings her child to work at no reduction of salary as a benefit which can be withdrawn

1. A probationary period for bringing child to work of 4 weeks to ensure it is feasible

1. Statement that if my child is ill then that is no reason for her not to work (so effectively she accepts that she will be exposing her child to all my child's illnesses)

1. Statement that if she can't work due to illness of her child then I don't have to pay her

1. Statement that I can ask her to make other arrangements for her own child if given sufficient notice (whatever that is?!?)

I've had a maternity cover temp nanny with own child and I added the above into her contract BUT this is my permanent nanny who I respect, like and trust and I don't want to p*ss her off.

I've got the advice from the firm that organise all my other contracts and so are used to corporate type contracts not necessarily nanny contracts so it could well be a bit extreme and trying to cover all avenues.

One oterh Mum has told me I'm mad to be even thinking about doing it and certainly mad with no drop in salary but my view is that I've not had significant problems with my temps with kids (except for initial hiccup with one with v small baby), that I really like and respect this nanny and think her professional capability is beyond question and don't want to lose her AND I think the additional child is good for my own DD since I'm having no more and her sister is 16 years older than her so like an extra paernt ratehr than a sibling.

So ... nannies with children - how would you feel about this? Mums with nannies with children - is this mornal/reasonable?

Sorry for the waffle

x

I think you need to get an hours advice from an employment lawyer. I'm pretty sure #4 on your list isn't ok but I'd speak to a professional on this as you could end up with a big legal/compensation case if you get it wrong (like paying about 12 months salary compensation if you dismiss for an 'unreasonable' clause)

I do know a lawyer locally (friend of a friend) who does employment law in Middlesex area and can pass his detail on if you are interested.

Thanks fym - the advice to include this was from my lawyer! also client i am working with now (extremely large multi-national) operates same policy so am hoping it's reasonably robust! i might get a second opinion now!

Number 4 is absolutely fine.

The rest of it sounds good to me as well. Currently recruiting for a nanny and loads have wanted to bring DCs with them so have thought a lot about it!

I'm not going to do it btw...!

HAve you got anything abour your child being exposed to any of her childs illnesses.

How much notice and/or reason do you need to give her with the current contract? Do you really need a new contract with a load of reasons why you can fire her? Wouldn't it be more personal and therefore more appropriate for the person who looks after your child, to sit down and discuss these potential problems with her and find out how she feels about them. Maybe together put some of them in writing as an amendment to the contract. She may have her own set of questions and issues to add to your list. For example (I'm not trying to open worms here), I would not let my dd at 3 mo. go to our childminder unless I knew that all her other older children had had all their jabs. Yet, I was perfectly happy letting my children be around sick kids once they had had their own full set of jabs.

paros - I hadn't even thought of putting anything in about that - I think I would just accept that it is all part of the arrangement really but perhaps need to think a bit more!

SofiaAmes - I would certainly talk to her about it rather than just handing it over as a done deal! I do need to do her a new contract rather than just an addendum as there are so many changes - as well as this being a variation in her terms she is also changing her days and annual salary and car driving! The jab thing is interesting - they are both fully up to date so shouldn't be an issue but will check.

Thanks for all the input!

Windy