Negotiating holidays

[Starberries]

I am in a new nannyshare job and things are going very well apart from a small holiday hiccup. Normally my holiday for the year isn't divvied up right at the beginning but has been in this job. I work Tues-Fri, so no Bank Hols, but get 23 days (slightly over the 5.6 wk requirement).

The families said I have to take one week at the end of March, one week in September, and the days off between Christmas and New Year's. This is 12 days, leaving me with 11 days. Partner has 2 weeks in July off so I thought these would be perfect to take off also. Families have said the week directly before when partner has off is ideal for them, and want me to take that.

Would it be really unreasonable for me to say that since they've mandated more than half my holidays, I'm entitled to say that I want those specific 2 weeks in July rather than the one before that works better for them? If I do it their way, partner and I only have a 1-week overlap and can't go anywhere long-haul which we have wanted.

Opinions greatly appreciated.

IMHO they are being inconsiderate, but never mind MHO, what does it say in your contract? And what have you discussed previously? It would have been a good idea to ask for the 2 weeks in July as soon as you knew your partner had them fixed (or before you started the job).

But you are where you are, so unless your contract says something like 'half of the holiday to be chosen by the nanny' you are going to have to negotiate.

Explain that your partner can only have those 2 weeks off (is that true? might it be easier to change that?); you are sorry because you should have mentioned it before, but it is fixed and as you have agreed the other 2 weeks that the parents want, you really need to be able to spend the rest of your holiday time with your partner.

Couple of minor points:

5.6 weeks is 22.4 days, so 23 days is only very slightly over the statutory minimum, they could hardly have given you less.

What is happening Good Friday? Are they making you take that as a holiday?

Hi MrA thanks for your reply.

I did ask for the 2 weeks before the job started - we discussed all holidays up front. It was a general 'We will have a chat amongst ourselves' answer from them at the time, and they have come back to me with this suggestion, since they already have the week before off.

Contract says I am entitled to 23 days, nothing in detail. Partner has absolutely no time around those 2 weeks in July, it's definite and set in stone, which I explained before starting the job. Good Friday is being made to take as a holiday, yes.

I shall have another chat with them, just not sure if I have any 'legal' right to demand those 2 weeks or not?

i THINK the nannyshare website recommends roughly one week of one families chocie, one for the other and two for the nanny. However I have a feeling the employer's can leagally specify all paid holiday though i know of no employers that mean if giving minimum days or nannies who would agree to it. Certainly it is odd enough the right thing to do would have been to mention it at interview.

i think you cna say that you mentioned it before because it was so important to you, as its the only time in the year you can go away with partner. then just wait and see what they say back. maybe email it. If you have to agree let them know it is not something you are happy about and that you hope to be able to specify some holiday next year.

Actually now think i recall that if a holiday/time off is booked before job starts and you let employers know you should be allowed to take it even if unpaid. dont;t know wehre i read that.

If you gave them the dates before you started, it is very unreasonable of them to now say they don't want you to take them. If they knew there was a clash at the time, but decided to offer you the job without discussing it further and are now expecting you to change your plans (rather than just asking if there is any way that you could, and what would they have to do to make it up to you), that probably goes beyond 'unreasonable' into 'dishonest'.

As far as the legal position is concerned, you have no statutory right to demand those 2 weeks, but nor do they have any statutory right to deny them to you. That is why it is important to have this procedure written into the contract.

Is this the only problem you have had?

I agree with MrAnchovy they seem very mean!! If they are going be be funny with you why don't you suggest taking the 2 weeks off they have offered in addition to a third week (that coincides with your partner) unpaid.

seems seem mean next time make sure it says in contract that you get to chose x number of days as long as you give then amonths notice

I've e-mailed them about it (day off today) so will see what they say. Thanks for advice, will have a more in-depth contract next time saying Nanny is entitled to choose X days with 1 months' appropriate notice.

Will keep you updated

I think we usually write 6 weeks notice. This means that one of us can give enough notice to our employer so that we can take time off. Also it is fair that the notice should be the same on either side - would you want to be told that you had to take your 2 weeks annual holiday in 4 weeks time?

In practice of course we all sit down and plan holidays together about 6 months in advance, and there is usually room for one of us to work from home on a Friday if the nanny wants to arrange a last minute long weekend: the contract is just there (as always) to deal with the unexpected in a pre-agreed way.

mb gave me their dates last month of my time off, they took feb ht, 10days at easter, may ht, 2weeks in aug and possibly oct ht (will confirm)

i need to decide on my 2 weeks now, must sort out a hot destination for a holiday soon