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Paid childcare

Discuss everything related to paid childcare here, including childminders, nannies, nurseries and au pairs.

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Original poster

Sick nanny question

16 replies

lobsters · 18/02/2010 11:02

Can anyone help with a query regarding sick pay and nannies. I?m trying to remember what?s in the contract and I think it is just SSP, having looked that up on direct.gov.uk it appears that kicks in after 4 days of continuous sickness. Does anyone know what the situation is with less than 4 days. The situation is that our nanny was off ill for 2 days last week, we were planning to pay her for those, she was clearly ill and we could cover it. She came back to work on Monday, her choice, I had told her she didn?t have to. Last night she said she was still feeling tied from the illness and could she have Friday off to try and get over it. I said fine so long as she took it as annual leave. She?s now said she doesn?t want as she needs to save her annual leave and she?ll take it as sick leave. If she is claiming she is sick tomorrow, what are the legal obligations around paying her?

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greybird · 18/02/2010 11:13

You obviously need to check your contract, but I think legally you don't have to pay anything other than SSP, ie you don't have to pay for the first 3 days.

Having just paid £600 as normal to nanny for her week's absence, I sympathasise with you...

Weddingquestion · 18/02/2010 11:53

I'd say cheeky mare - sod off! Just explain that you paid her for her sick days as you are very fair but you weren't obligated to unless you've put sick pay in your contract and I'm sure ssp doesn't kick in unless a few days and with a doctors note. If she takes tomorrow off make it clear that she will not be paid unless she takes it as annual leave.

frakkinaround · 18/02/2010 11:59

Sick leave is typically unpaid until SSP kicks in. Tell her if she's feeling tired to just have an easy day or take it as annual leave. She doesn't just get to take a duvet day cos she's a bit under the weather after being ill.

Does 'planning to pay her' mean you haven't yet? Cos after her behaviour I wouldn't!, just to make the point that sick pay is unpaid until SSP kicks in (as per your contract if that is indeed the case).

TwoCupcakes · 18/02/2010 12:01

my contract says SSP after 3rd day and no pay for first 3 days. however, when my nanny was sick for one day, i contradicted myself and paid her normal pay as i was able to stay home and look after the kids myself and it was just the one day. however, i wouldnt do so for more than a day, esp if i had to pay for emergency childcare. Depending on what your contract says, i would put her staight on SSP and insist on a doctor's note. Give and take is fine for a couple of days especially if she's clearly ill and you are sympathetic to her situation but sounds like you need to insist on it being an annual leave day or an SSP day.

mickytoo · 18/02/2010 12:28

It does seem a little odd for her to be planning her day off sick a day in advance. Was she not sick today?

Original poster

lobsters · 18/02/2010 13:03

I think the "planning to be sick" is because I work at home on Fridays, so she thinks it will be less disruptive, which is true, but it's lucky tomorrow I've just got lots of reading to do and no calls. I've texted her to say we'll talk about it tonight. She clearly doesn't realise she doesn't get paid if she's sick. We have paid her for the 2 days last week yet as she's paid montly and it's not payday yet.

She's had easy days most of the week, as it's half term there were no todddler groups, so I've get the impression they've just hung out at home all week.

Good to know I'm being legal and not too unreasonable. DH definitely doesn't want to pay her for any of the days taken sick now.

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Strix · 18/02/2010 13:13

Cheek! I'd pay for the two already taken, but let her know that Friday will be annual leave or unpaid. And leave it to her to decide whether to show up. (but I would need to know tonight if she was showing up)

mickytoo · 18/02/2010 13:15

Good luck. I am amazed by the number of nannies who assume they will be paid in full when off sick. If I do pay, I always make a point of telling them I don't have to.

IndigoSky · 18/02/2010 13:19

But planning to be sick isn't being sick - it's taking the piss frankly. If she doesn't turn up on Friday then it has to be annual leave. She can recover on the weekend if she's really that tired.

You really have to knock this one on the head. If you're not careful you'll find yourself in the position where she doesn't show up because she doesn't fancy it and just says "ok, don't pay me". That's outrageous.

I think you need to have pretty firm words with her tonight.

Strix · 18/02/2010 13:58

And, technically, holiday requires employer's approval. So, lobster could just say "no, I need you to work".

Blondeshavemorefun · 18/02/2010 17:45

cheeky mare

she may feel better friday - you cant plan to be sick tomorrow

maybe she can do shorter hours if you work from home,still giving you a chnace to work

you need to check your contract, and if says ssp (as many do) then yes normally doesnt kick in till 3 days

firmly tell her that if she wants she can have day off,but as a sick day and she wont be paid,or she can take as holiday

FabIsGoingToBeFabIn2010 · 18/02/2010 17:52

Cheeky madam.

In over 10 years of nannying I had one day off sick and was paid it but wouldn't have made a fuss if I hadn't been.

She can have the weekend to recover. It is irrelevant you are at home so is in theory less disruptive. She is paid to work - you could sit on your bum MNting all day if you wanted.

Original poster

lobsters · 18/02/2010 19:15

Well we had a chat, she hadn't realised she didn't get paid for sick days. She won't be keen on the not being paid option as she's skint. As I've said I didn't really begrudge paying her for the 2 days last week, she was really ill, but as she's messed us about now we're not going to this time in order to make the point and will consider it on a case by case basis going forward. As for tomorrow she's now coming in, but will go home early and work late a bit in the next couple of weeks, which is actually more useful for me as DH is off on his travels and I'm moving to a new role.

It's not been a good day, bumped car, rubbish day at work and then run in with nanny, i'm drowning in chocolate this evening.

OP posts:

Blondeshavemorefun · 19/02/2010 11:15

glad you had a chat,least she knos where she stands now

sorry to hear about car - hope its ok?

Original poster

lobsters · 19/02/2010 20:01

My car is fine, but it appears Minis are made of spun glass and shatter easily.

I think nanny was in a bit of a grump today, but so was DD so I left the 2 of them to it and did some work. And the day picked up when I found some caramel chocolate buttons and mini eggs in the cupboard, clearly arrived through the power of laptop

OP posts:

Blondeshavemorefun · 20/02/2010 09:16

glad car is fine (and you) and yes minis are easily shatterable

fab you found chocolate

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