Guaranteed hours question

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:You can't carry over hours to the next week so if cours you pay her!!

I decided to pay already since I don't have the weather policy in place, but who says I can't I carry the hours over to the next week if that's what she and I decide to do?

It is wrong, OP. Guaranteed hours are just that - guaranteed. She might agree but she will resent you.

And I think it is against the law for domestic workers.

It is not "against the law." The law says you have to pay overtime for any number of hours over 40 worked in a 7-day week. What is against the law is getting around that OT law by banking hours (as in, someone works 25 hours one week, but is paid for 40, and then works 55 hour the next week, but is paid for 40. That person should be paid 15 hours of OT in week 2).

But guaranteed hours are a negotiated perk, not required by law. If OP and her nanny agree that she'll work an extra day the week after a snow day, then they can do that.

Maybe correct but having to "work off" what was promised to be guaranteed doesn't sound fair or right.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:You can't carry over hours to the next week so if cours you pay her!!

I decided to pay already since I don't have the weather policy in place, but who says I can't I carry the hours over to the next week if that's what she and I decide to do?

It is wrong, OP. Guaranteed hours are just that - guaranteed. She might agree but she will resent you.

And I think it is against the law for domestic workers.

It is not "against the law." The law says you have to pay overtime for any number of hours over 40 worked in a 7-day week. What is against the law is getting around that OT law by banking hours (as in, someone works 25 hours one week, but is paid for 40, and then works 55 hour the next week, but is paid for 40. That person should be paid 15 hours of OT in week 2).

But guaranteed hours are a negotiated perk, not required by law. If OP and her nanny agree that she'll work an extra day the week after a snow day, then they can do that.

Not if there's a contract that guarantees hours. If it's in a contract, she breaks the contract by requiring an extra day the following week.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:You can't carry over hours to the next week so if cours you pay her!!

I decided to pay already since I don't have the weather policy in place, but who says I can't I carry the hours over to the next week if that's what she and I decide to do?

It is wrong, OP. Guaranteed hours are just that - guaranteed. She might agree but she will resent you.

And I think it is against the law for domestic workers.

It is not "against the law." The law says you have to pay overtime for any number of hours over 40 worked in a 7-day week. What is against the law is getting around that OT law by banking hours (as in, someone works 25 hours one week, but is paid for 40, and then works 55 hour the next week, but is paid for 40. That person should be paid 15 hours of OT in week 2).

But guaranteed hours are a negotiated perk, not required by law. If OP and her nanny agree that she'll work an extra day the week after a snow day, then they can do that.

Not if there's a contract that guarantees hours. If it's in a contract, she breaks the contract by requiring an extra day the following week.

I was responding to the bolded above. That's it. There is no law that applies to domestic workers that requires them to be paid for hours they don't work. The law only requires that they be paid at least minimum wage for all hours worked, and overtime as it is defined where the person lives. Some places require some minimal paid sick leave.

Beyond that, an employer and an employee can come to any agreement that works for them. If "guaranteed hours" in this case just means that she'll find 24 hours somewhere in the week, then that's what it means. If it means she has a set schedule and is paid if she isn't needed/can't come, then that's what it means. It is best if they write it down, but it's only enforceable in small claims court in the sense that you could recover lost wages; you can't call up some gov't agency to come out and enforce it, so you have to hope you're working for ethical people who will follow the agreement.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:If she has a set schedule every week, and the weather prevents her from coming in, you pay her. If she always has a flex schedule, you schedule her for a different day.

You need to have an inclement weather policy.

She comes 3-4 days a week.

I do need the policy, what do people usually do?

People usually default to the easiest possible thing, which is when schools are closed or OPM closes the federal gov't. I don't suggest you do this because then you're stuck even if it turns out the weather even is a bust, or the roads are clear in your area.

So, think about what your office's policies are, take into consideration where she lives and how she gets to your house, and go from there. One option is to say you'll always have a delayed start of 10am on days OPM closes the feds, but that she should expect to check in at regular start time to confirm a snow/bad weather day or to just come in.

This may lead to some resentment if her friends are always off, but if you have to work from home, you will be glad you put more thought into this by the third or fourth snow day of the year.

Thanks, this makes sense!

You might also want to think through what happens if you disagree about the conditions (you say "come in," she says "I'm not comfortable driving"). Some people offer to pick her up or send an Uber; if you don't want to do that, or if she refuses, saying she thinks it's too dangerous to be out, period, you could require her to use a PTO day (sort of a "liberal leave" policy).

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:If she has a set schedule every week, and the weather prevents her from coming in, you pay her. If she always has a flex schedule, you schedule her for a different day.

You need to have an inclement weather policy.

She comes 3-4 days a week.

I do need the policy, what do people usually do?

People usually default to the easiest possible thing, which is when schools are closed or OPM closes the federal gov't. I don't suggest you do this because then you're stuck even if it turns out the weather even is a bust, or the roads are clear in your area.

So, think about what your office's policies are, take into consideration where she lives and how she gets to your house, and go from there. One option is to say you'll always have a delayed start of 10am on days OPM closes the feds, but that she should expect to check in at regular start time to confirm a snow/bad weather day or to just come in.

This may lead to some resentment if her friends are always off, but if you have to work from home, you will be glad you put more thought into this by the third or fourth snow day of the year.

Thanks, this makes sense!

You might also want to think through what happens if you disagree about the conditions (you say "come in," she says "I'm not comfortable driving"). Some people offer to pick her up or send an Uber; if you don't want to do that, or if she refuses, saying she thinks it's too dangerous to be out, period, you could require her to use a PTO day (sort of a "liberal leave" policy).

Sounds like nanny employers should be very careful about hiring nannies who live far away or might otherwise be skittish about weather conditions. Because requiring she take PTO is one thing, but if the MB/DB do not get the day off, what happens to the kids? (Coming at this from the perspective of a HF for AP. This is one problem we don't have. Plus we obviously can adjust the hours for snow days, etc, as long as it's under the 45 weekly.)

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:If she has a set schedule every week, and the weather prevents her from coming in, you pay her. If she always has a flex schedule, you schedule her for a different day.

You need to have an inclement weather policy.

She comes 3-4 days a week.

I do need the policy, what do people usually do?

People usually default to the easiest possible thing, which is when schools are closed or OPM closes the federal gov't. I don't suggest you do this because then you're stuck even if it turns out the weather even is a bust, or the roads are clear in your area.

So, think about what your office's policies are, take into consideration where she lives and how she gets to your house, and go from there. One option is to say you'll always have a delayed start of 10am on days OPM closes the feds, but that she should expect to check in at regular start time to confirm a snow/bad weather day or to just come in.

This may lead to some resentment if her friends are always off, but if you have to work from home, you will be glad you put more thought into this by the third or fourth snow day of the year.

Thanks, this makes sense!

You might also want to think through what happens if you disagree about the conditions (you say "come in," she says "I'm not comfortable driving"). Some people offer to pick her up or send an Uber; if you don't want to do that, or if she refuses, saying she thinks it's too dangerous to be out, period, you could require her to use a PTO day (sort of a "liberal leave" policy).

Sounds like nanny employers should be very careful about hiring nannies who live far away or might otherwise be skittish about weather conditions. Because requiring she take PTO is one thing, but if the MB/DB do not get the day off, what happens to the kids? (Coming at this from the perspective of a HF for AP. This is one problem we don't have. Plus we obviously can adjust the hours for snow days, etc, as long as it's under the 45 weekly.)

The same thing anyone else does in that situation or in the case of unexpected nanny illness (something you might experience with the au pair). You take the day off anyway and hope it doesn't end in a job problem, contract with an agency for backup care, find a neighbor or friend who can take the kids ...

[Anonymous]

I tend to think that people who are inclined to get out on the roads in today's hazardous conditions, are overall less concerned with safety. Even OPM has shut down for goodness sake, and that almost never happens.

[Anonymous]

there's no point in her having the "perk" of guaranteed hours if once there's a problem, you decide not to pay her for the day. then she doesn't have guaranteed hours at all.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:If she has a set schedule every week, and the weather prevents her from coming in, you pay her. If she always has a flex schedule, you schedule her for a different day.

You need to have an inclement weather policy.

She comes 3-4 days a week.

I do need the policy, what do people usually do?

People usually default to the easiest possible thing, which is when schools are closed or OPM closes the federal gov't. I don't suggest you do this because then you're stuck even if it turns out the weather even is a bust, or the roads are clear in your area.

So, think about what your office's policies are, take into consideration where she lives and how she gets to your house, and go from there. One option is to say you'll always have a delayed start of 10am on days OPM closes the feds, but that she should expect to check in at regular start time to confirm a snow/bad weather day or to just come in.

This may lead to some resentment if her friends are always off, but if you have to work from home, you will be glad you put more thought into this by the third or fourth snow day of the year.

Thanks, this makes sense!

You might also want to think through what happens if you disagree about the conditions (you say "come in," she says "I'm not comfortable driving"). Some people offer to pick her up or send an Uber; if you don't want to do that, or if she refuses, saying she thinks it's too dangerous to be out, period, you could require her to use a PTO day (sort of a "liberal leave" policy).

Sounds like nanny employers should be very careful about hiring nannies who live far away or might otherwise be skittish about weather conditions. Because requiring she take PTO is one thing, but if the MB/DB do not get the day off, what happens to the kids? (Coming at this from the perspective of a HF for AP. This is one problem we don't have. Plus we obviously can adjust the hours for snow days, etc, as long as it's under the 45 weekly.)

This is coming from a nanny.

In the past I had my employer pick me up - either right before the snowstorm or after - when the roads got better. I didn't mind getting stuck for a day or two at work, because I already work some overnights and use their guest room.
So if my MB had to go to work in a weather like this, she would just pick me up in her suv. My sports car is horrible in the snow.

And another job I had - MB dropped of her 6 year old son to my apartment (along with his breakfast, lunch, snacks and some books/games) and she went to work. My apartment was on her way to work, so it worked out.

[Anonymous]

Anonymous wrote:there's no point in her having the "perk" of guaranteed hours if once there's a problem, you decide not to pay her for the day. then she doesn't have guaranteed hours at all.

That is true. But there are two ways to do guaranteed hours. The usual way is that you have a set schedule every week and the nanny always gets paid for those hours.

However, if the nanny always has a flexible schedule (as in, her days/times change every week), then the "guarantee" is that they will never pay for less than "x" number of hours. If they can schedule them within the range of times she works, though, then they could move them around to accommodate a snow day.

Also, you know as well as I do that not everyone follows their contract. Sucks for the nanny, but there's no HR to appeal to. She can stay or go in those cases.

[Anonymous]

Don't make things up, 15:05, with your imagined definitions. Guaranteed hours means what it says.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:If she has a set schedule every week, and the weather prevents her from coming in, you pay her. If she always has a flex schedule, you schedule her for a different day.

You need to have an inclement weather policy.

She comes 3-4 days a week.

I do need the policy, what do people usually do?

People usually default to the easiest possible thing, which is when schools are closed or OPM closes the federal gov't. I don't suggest you do this because then you're stuck even if it turns out the weather even is a bust, or the roads are clear in your area.

So, think about what your office's policies are, take into consideration where she lives and how she gets to your house, and go from there. One option is to say you'll always have a delayed start of 10am on days OPM closes the feds, but that she should expect to check in at regular start time to confirm a snow/bad weather day or to just come in.

This may lead to some resentment if her friends are always off, but if you have to work from home, you will be glad you put more thought into this by the third or fourth snow day of the year.

Thanks, this makes sense!

You might also want to think through what happens if you disagree about the conditions (you say "come in," she says "I'm not comfortable driving"). Some people offer to pick her up or send an Uber; if you don't want to do that, or if she refuses, saying she thinks it's too dangerous to be out, period, you could require her to use a PTO day (sort of a "liberal leave" policy).

Sounds like nanny employers should be very careful about hiring nannies who live far away or might otherwise be skittish about weather conditions. Because requiring she take PTO is one thing, but if the MB/DB do not get the day off, what happens to the kids? (Coming at this from the perspective of a HF for AP. This is one problem we don't have. Plus we obviously can adjust the hours for snow days, etc, as long as it's under the 45 weekly.)

The same thing anyone else does in that situation or in the case of unexpected nanny illness (something you might experience with the au pair). You take the day off anyway and hope it doesn't end in a job problem, contract with an agency for backup care, find a neighbor or friend who can take the kids ...

Seems like it would be hard to get backup care at the last minute (7 AM??) when the nanny decides she can't drive. I think the best solution is a nanny who lives nearby that the DB/MB could pick up/drop off. Perhaps we've been very lucky, but never had an AP be so sick she asked to be relieved for the day (in 10+ years of hosting). Just wish the matching wasn't such a pain!

[Anonymous]

There's no WFH with my job. So if there's any sort of inclement weather where I can't drive to work, I have to makeup the hours. My current nanny is great and agreed to work an extra 1-2 hours a day to technically makeup her hours so that I can makeup mine too.

I'm at work today btw. Nanny said she was perfectly comfortable driving in and to not worry. She's so awesome.

[Anonymous]

Anonymous wrote:There's no WFH with my job. So if there's any sort of inclement weather where I can't drive to work, I have to makeup the hours. My current nanny is great and agreed to work an extra 1-2 hours a day to technically makeup her hours so that I can makeup mine too.

I'm at work today btw. Nanny said she was perfectly comfortable driving in and to not worry. She's so awesome.

What does she drive? I hope it's a larger car.

[Anonymous]

Anonymous wrote:There's no WFH with my job. So if there's any sort of inclement weather where I can't drive to work, I have to makeup the hours. My current nanny is great and agreed to work an extra 1-2 hours a day to technically makeup her hours so that I can makeup mine too.

I'm at work today btw. Nanny said she was perfectly comfortable driving in and to not worry. She's so awesome.

Smh