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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

Nanny holidays

23 replies

Pennies · 19/04/2010 10:12

Our nanny has 5.6 weeks hols (28 days) of which 8 days are bank holidays. 10 days are determined by her and 10 by us.

Our holiday dates do not clash at all and DH can take as much hol as he likes (within reason and he prob takes about 30 days a year). He take the main bulk at Xmas when we have got loads of family staying so having her here then isn't going to work.

Currently it looks like we've got 8 days over and I was wondering if it is fair to suggest that she takes her bank hols as unpaid leave? Rather than clobber her with taking the full whack out in one go?

What do others do?

OP posts:

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Bonsoir · 19/04/2010 10:14

You want her to take 8 days of unpaid leave? Why should she? You can offer her that option, but she really, really doesn't have to accept.

HarrietTheSpy · 19/04/2010 10:19

Nope, it's not. It's one of the things that happens with nannies when you have more holiday than they do. DH is a teacher and this has always happened to us.

Bonsoir · 19/04/2010 10:21

Can you not rethink her duties a bit so that she isn't under your feet when your DH is on holiday?

Original poster

Pennies · 19/04/2010 10:31

Not really - both DH and I will be around and the children are school age. We don't really want her round TBH - we like our space and family time together.

So she gets paid time off then?

OP posts:

HarrietTheSpy · 19/04/2010 10:51

I THINK Nannynick may have had a term time only contract for example at one point (which I noted with interest given DH being a teacher). You could ask him about that and whether it's feasible to do something similar with your nanny. But I honestly think it's a bit of a long shot. We have always just paid. I sympathise with you, but it is just how things tend to go.

Bonsoir · 19/04/2010 11:14

You cannot expect her to clear off and not get paid just because you don't want her around - that's quite outside the law .

LouIsOnAHighwayToHell · 19/04/2010 11:20

Sorry but you have to pay her. It is not her fault that you have more holidays then her. Either she stays and works while you are all home on holidays or you give her the time off. Would you work unpaid on bank holidays?

Strix · 19/04/2010 11:58

When you say "it looks like we've got 8 days over" do you mean you took 8 days over or she did? If she has requested and taken 8 more than she is entitled to, then I think is is reasonable for you to say she is not entitled to be paid for any more. But, if you chose 8 days then told her to take them as well, then that's not fair.

Isn't this the nanny who couldn't come to work to look after sick child even though it was in her contract to do so... or am I confusing you with someone else?

Blondeshavemorefun · 19/04/2010 12:35

you have to pay her if you give her the time off

not her fault your dh gets extra hols, so do my mb/db but they go away and give me the time off paid, sometimes db will take a day off for golf etc or takes 1 of the 3 i look after to do something special and i have the other 2

Strix · 19/04/2010 13:50

I think you have to pay her if the time off is your idea. If she has requested more holiday than she is entitled to, then you do not have to pay her.

andagain · 19/04/2010 13:59

I agree with the others I'm afraid. You will have to pay her her contractual holiday. Your or your husband's holiday arrangements are not her concern and shouldn't affect her.

Our nanny has 5.6 weeks holiday per year in her contract but has had 8 weeks holiday paid in just under a year she has been with us so far. That is because of the nature of my job and there is no way I would have asked her to take the additional days as unpaid even though I don't need her.
I like to think she looks at it as a kind of bonus.

nannyl · 19/04/2010 14:22

if you give a nanny more holiday then its your choice and you pay her regardless

i have always had at least 6 weeks off (extre given to me by my bosses) and 1 year i was lucky enough to have 11 weeks off.

paid for every minute

IndigoSky · 19/04/2010 14:31

I agree with the others. You can't (and shouldn't) do this.

If your employer told you to take 8 days off, none of which would be paid I'm guessing you'd be checking your contract and taking legal advice.

You have to pay her. With nannies there are times when they get more holiday than they are strictly entitled to - it's just one of those things. Give her the time off (paid) and you'll have a happy, contented, loyal employee. Force her to take 8 days off at her expense and you'll have an unhappy resentful and (rightly) pissed off employee.

nannynick · 19/04/2010 15:01

I did indeed have a Term Time only contract a few years back. It was a few years back though, so before the change in the wording of statutory holiday entitlement. Back then I got 4 weeks paid leave plus all bank holidays. The only change to normal was that the period when I could take those 4 weeks holiday was outside of term time.

An employer can still dictate to an employee when they take their holiday I believe. However you can not give less than the 5.6 weeks of paid holiday.

Pennies

Currently it looks like we've got 8 days over and I was wondering if it is fair to suggest that she takes her bank hols as unpaid leave? Rather than clobber her with taking the full whack out in one go?

Can you explain that a bit so we know what you are meaning. Do you mean you have 8 days more holiday than your nanny and you don't want your nanny coming into work on those 8 days? If so, you can give those 8 days as additional holiday... either in a block, or spread out over the holiday year. Alternatively you could ask nanny to work and if you have more than one child, you could take one child out for a special treat leaving other children with nanny.
Also consider times when children are ill... they may prefer having a parent at home with them, rather than being cared for by their nanny. Nanny could still work and take children who are well out for the day, leaving the sick child (with parent) at home to rest.

Missus84 · 19/04/2010 15:45

Would you take 8 days unpaid if your boss decided she didn't want you to be around?

WinterRose · 19/04/2010 16:44

I'm afraid you can't ask Nanny to take unpaid leave in these circumstances. I think "Missus84" has asked a pertinent question. Your Nanny would rightfully resent being asked to do this. It's not a good idea to tinker with people's employment contracts.

If you really don't need/don't want Nanny around for 8 days, then you will just have to pay her for those days.

The only time you can safely ask someone to take unpaid leave is if their leave has been used up and they wish to have extra leave. In cases of urgent domestic matters (bereavement etc) you would, of course, have an arrangement for compassionate leave.

WinterRose · 19/04/2010 16:50

Pennies,

Is this the same Nanny who has depression? I seem to remember you posted a question about her.

Strix · 19/04/2010 17:05

I don't think we have enough information to draw a conclusion here. For example if your contract says you choose 10 and she chooses ten. But, she has called you with a bunch of last minute holiday notifications (which are not in line with whatever notice and approval is set out on the contract) and you haven't chosen your 10 yet. Then, you are still entitled to choose your 10. If this is the casem then SHE has gone over her holiday entitlement. You could still choose your 10. She would still only be entitled to be paid for 20. It doesn't really matter which ones.

So it is really important to know whether you have given her more holiday of your own doing (in which case she should be paid for all of them) or if she has left you in a lurch with last minute holiday notifications (as opposed to requests) and that is why she has gone over.

I am really surprised that so many people have assumed that all the holiday has been instigated by you. Judging (prematurely perhaps) from some comments on another recent thread by OP, I suspect the situation may be one of the nanny's making and not the OP's.

I assume you are asking because you are drafting her permanent contract, which is certainly something I wouldn't be doing in your situation. But, obviously, as you have decided to offer her a permanent placement, this is a moot point.

Missus84 · 19/04/2010 17:24

Strix, this:

"Our holiday dates do not clash at all and DH can take as much hol as he likes (within reason and he prob takes about 30 days a year). He take the main bulk at Xmas when we have got loads of family staying so having her here then isn't going to work."

sounded to me like both parties had taken their 10 days each, but the OP's DH has another 8 days holiday on top of this where family will be visiting, so they don't want the nanny around too.

Lifeinagoldfishbowl · 19/04/2010 19:32

My mb has lots of leave entitlement and we still have 5.6 weeks in my contract. So far in the past 6 months I have had 4 weeks and 3 days off and have only used 1 weeks worth of a/l. The 1 week I had as paid a/l was over easter and I will be having 2 weeks off next month to go away with my family of which I will use my 10 day allowance. I will prob also get other days off too

We work on a monthly salary which I am paid for regardless of holidays etc - Ie I will be paid my regular salary in August despite knowing that I will probably get 3 or even 4 weeks off and not use any holiday entitlementn

snickersnack · 19/04/2010 19:39

I did read it as being the OP's decisions that have led to there being spare holiday floating around. Just one of those things, I think. Our nanny will end up with an extra 1.5 weeks holiday this year for various reasons. Just one of the perks of the job, I think.

chandellina · 19/04/2010 21:12

maybe i'm missing something but the way i look at nanny pay is that we pay her for 52 weeks a year, regardless of holidays. if we had extra holidays ourselves and there was no reason for her to work, i certainly wouldn't be looking to get money back.

nannynick · 19/04/2010 22:31

chandellina - I feel that's the best way to look at it. A nanny is an all year thing... paid all year round.

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