nanny's maternity rights

[happyspider]

If a nanny tells her employee that she's 14 weeks pg after only 7 weeks she started, is she allowed maternity pay by employee? (i.e. she was 7 weeks pg at beginning of employement)
Also, can she expect to find the job when she comes back from maternity leave? How would the mum cope without a nanny for 26 to 52 weeks?

As far as I know she is not entitled to anything other than the £100 per week from the govt. You do have to get cover and keep her job open though. I guess you hire a temp

Yes, I'm pretty sure youre only entitled to £100 a week from the govt if you were pregnant before you started work. I'd get advice from a lawyer on the other rights. Seems a bit sneaky to not tell you, but then I suppose she may not have known when you offered her the job?

She would probably be entitled to maternity allowance (not SMP) if she has been working for a certain number of weeks (can't remember how many) in the last year. It doesn't have to be the same employer or be continuous employment. This currently stands at £100 per week for the normal length of time as ordinary SMP. I am not sure about the options for extended maternity leave, I doubt it as I think this is only available if working for the same employer for more than a year.

Not sure about her rigtha to go back to same job, etc.

I am sure there must a webpage somewhere with all these rights whilst pregnant things on it.

I think there is a difference between the obligations of companies and individuals as employers, and when someone is employed to work in your home (for e.g, Equal opportunities law does not yet apply to individuals employing nannies, I think.)Don't know where to research it tho'.

With regards to the maternity leave she would only be entitled to ordinary leave of 26 weeks not the full leave of 52 weeks.

You must also allow her paid time off for antenatal care.

Just for interest even if she had got pregnant after she began to work for you as an employer of less that 5 people you would be able to argue a case that it was not practical to allow her the full 52 weeks leave and you would have been able to claim the SMP back from the government. (larger employers can claim something like 92%)

Does she definitely want to return to work after her baby is born?

Seems a bit odd to me to go and look after somebody else's child as a nanny, whilst placing your own with a childminder. I have a friend who was a nanny, and who gave up after her first born for precisely this reason. Has she been clear on her intentions?

I do sympathise with you - what a headache

My nanny has just told me she is pregnant too. We don't live in UK and I am liable for her 15 weeks maternity pay (around 80%) plus 4 weeks on full pay. The state doesn't pay anything at all - it is all up to the employer. Having to pay this, and find a replacement for 19 weeks will cost me more than I earn. I haven't asked her what she is intending to do with the baby when she comes back to work (afraid of the answer "bring it with me, of course...". She also has three children back in her home country that she never sees...

Can't remember where I read it, but I definitely did ? if you're doing all your tax and NI properly, the employer can claim back 100% of the nanny's maternity pay PLUS a bit extra for 'admin costs'. The Inland Revenue has a helpline no ? it'll be on their website.
I guess you employ a temporary nanny in the meantime, happyspider. I would imagine she would have the same rights about coming back to her job as any other employee.

I had a nanny who had maternity leave

1. pay - first 6 weeks at 90% then 12 weeks @ £100 per week - as a small employer you reclaim 100% of this - but have to pay it first - I use Nannytax for my tax and NI and found them to be brilliant - they advised on all this and administered it including refund
2. Right to return - yes your nanny has the right to return to her job - but she does not have the right to bring her child with her - unless of course you are happy for her to do this Therefore it is worth talking to her to see what she is thinking of doing. How old are your kids? How good a naany is she? If your kids are older and she is a fab nanny you may want to keep her and be happy for her to return with her child - then again you may not! Key to sucess in any nanny relationship is communication - if you can't talk to her about this then she probably isn't the right nanny. Whilst she is on leave you will either need a temp nanny - if you have established that she may want to return (without child if that is your requirement) or a replacement if she isn't - remember that you can reclaim her mat pay but there may be a cash flow issue. You could of course take unpaid leave from your current job as you are now entitled to up to 13 weeks unpaid until your child is 5 - although this may not be a realistic alternative Good luck - not an easy one I established with my nanny it wasn't possible for her to return with her child as my kids would both be under 2 + her own baby wouldn't be physically practical - however I have maintained a good relationship with her and still see her and her child - we parted on excellent terms and as friends - we talked a lot.

My nanny brings her child, who is exactly the same age as my DS with her. She didn't start with us until her DS was 8 months, but it works really well. And because she is effectively a nannyshare with herself, we pay a reduced rate.