Please please help I need advice.

[Lucylou64]

TalkNewbies' corner

Holiday Pay1

Today 14:07Lucylou64

Hello, I'm not saying if I'm the Employer or Nanny as I want to see what everyone thinks is fair so I will explain the dilema.

Normal holiday 4 weeks plus bank holiday- 2 weeks chosen by employer 2 by Nanny with an extra clause that Employer can take Nanny out of the Country for 2 weeks as well.

Employer on Maternity leave wants to have 5 extra weeks away on top of the normal 4 week holiday and wants Nanny to work an extra 6 hours a week for the year unpaid to recover the extra 5 weeks she'll be off.

Nanny thinks that she should have to work an extra 108 hours unpaid (2 weeks worth as has been given the option to go away with Employer but has chosen not to) then the other three weeks should be paid as her contract states any extra time the family has away outside normal holiday is paid and any extra time off see asks for is unpaid.

Employer thinks three weeks extra holiday is a lot to give. What does everyone think- I'll be most grateful for your help. Thank you!!

I found this hard to follow. The employer is on or due to be on mat leave, and wants to go away for an extra 5 weeks. The nanny is expected to work extra hours each week in lieu of the extra time off. The nanny would continue to earn her normal salary throughout this time. Is that right?

Yes Nanny would earn normal salary throughtout the year but be expected to make up the 5 weeks 270 in total by working 6 hours extra each week for a year

Employer will be on Maternity leave

I also found it hard to follow so apologies if I've got the situation wrong, but I'd say the employer is the one being unreasonable as it wasn't the nanny's decision for the employer to go away for 5 weeks and can see why the nanny did not want to.

I imagine it would depend on her contract. But, the employer is being very unfair, even if it's legal.

Employer is BU. Not the nannies fault they wants 5 weeks away. If employer takes extra time off outside of contract then they forfeit nanny services surely? I can't believe they would the think otherwise.

And expecting someone to accommodate 6 hours a week extra for a year is totally unreasonable.

That essentially means starting or finishing an hour and 15 mins difference just so employer can enjoy an extra holiday?!

Very entitled to think is ok to demand that of someone else for a year.

I think nanny shouldn't have to make up the hours for the extra three weeks (yes for the 2 weeks as she is making herself unavailable for those). For the remaining three weeks she is just not needed by her employer, she is available and able to work so has fulfilled her part of the bargain. It is the employer who is not wanting her to work so should pay her anyway.

Yes I agree with others op, it's not the nannys fault. How would the employer feel if nanny started jigging around dates and pay?!

You stated in your post that it's written in nannys contract so you'd have to follow the contractual obligations

The contract needs to be followed, it's not the nanny fault the employer wants 3 weeks off