Newly hired nanny quitting after one month - what to do with her paid sick leave?

[Anonymous]

Our newly hired nanny has turned out to be a total flake. Despite seeking out our position because she said she wanted full time work, she now says she can't handle working full time and finishing her degree online at the same time. In the 3.5 weeks she's worked for us, she took two sick days for strep throat, which we feel is legitimate. Then this week she called in sick again, only to quit on us -- VIA TEXT -- that same night. She's agreed to stay on until we find a replacement, which we are trying to do as fast as we can. She agrees that she's totally in the wrong and nothing about the job is anything but what we told her it would be; she just bit off more than she could chew. We pay her a great wage, plus overtime, and offered her 3 paid sick days (since she was only supposed to be working for us for 7 months). While we think the first two sick days were legit for the strep, the third was essentially a mental health day, and we're inclined not to pay her for it, especially since she's quitting on us and leaving us in the lurch.

Are we being unfair? We strive to treat our employees as we'd want to be treated, but I honestly can't imagine my employer putting up with shenanigans like this. We've had to take time off to cover her absences and pay for temporary child care, to say nothing of the fact that our 2 year old has just warmed up to her and now we have to find someone new and go through the process all over again. The whole thing just stinks. And did I mention she got two flat tires on our car "hitting a pothole" that cost us $400? (Which we paid for, of course.)

[Anonymous]

I think it sucks what's happening to you, but I think you need to honor the agreement and pay her for the sick day. People take mental health days all the time, and you don't know unequivocally that that is what this was. You'll just make her defensive, and you may find yourself in an even worse situation if she gets mad and refuses to stay until you find someone. It sounds like she is *trying* to take responsibility by staying until you find someone, and not blaming you, so I don't see a need to be spiteful. The money you paid for flat tires, is again crappy, but not her fault and 100% the cost of having an employee. She hit a pothole for Pete's sake.

[Anonymous]

I disagree. In many jobs sick day are accrued with time that you work. I would not pay it.

[Anonymous]

Anonymous wrote:I disagree. In many jobs sick day are accrued with time that you work. I would not pay it.

It doesn't matter what happens in many jobs, just the job OP crafted. It would appear that she put no accrual system or contingencies in place for the use of sick days. She granted the days, and now wants to take it back after the fact. THAT I assure you doesn't happen in most jobs.

[Anonymous]

I would pay for that 1 sick day your talking about. If it was say 3 weeks vacation that's another story. But you should really look at this as a learning experience and adjust the contract accordingly.

[Anonymous]

Take the high road and pay it, but learn from it for the future.

And be glad she is leaving. She is doing you a huge favor by leaving now. If she has done this much damage in a short period of time, think what could have happened if she had stayed.

[Anonymous]

Does your contract say that sick days are accrued? If not, you have to pay her.

[Anonymous]

OP here, and I'm embarassed to say we actually don't have a written contract--just a verbal agreement.

[Anonymous]

Anonymous wrote:OP here, and I'm embarassed to say we actually don't have a written contract--just a verbal agreement.

All sucks, but not worth dickering over the one day in grand plan. But for future, yes, have everything in writing and only allow benefits to accrue over time.

[Anonymous]

PP here - I said all that even though I am still seething on how we got taken by an AP in rematch. The LCC and the agency agreed that we were in the right, but we decided not to press it as they psychic liberation of getting her out of our home was priceless.

[Anonymous]

She was allotted 3 sick days for a 7 month period and used them up all in 3 weeks. She didn't fulfill her end of the bargain but since you didn't have it written out, you should pay. Honestly, I don't think she deserves it but I would still pay.

[Anonymous]

Anonymous wrote:I disagree. In many jobs sick day are accrued with time that you work. I would not pay it.

+1 you need to put an accrual clause for sick and vacation time in your contract.

[Anonymous]

The argument wouldn't be worth your time, just pay it and keep her as happy as possible until you can replace her

[Anonymous]

Anonymous wrote:The argument wouldn't be worth your time, just pay it and keep her as happy as possible until you can replace her

+1.

also, I would not let her work for me another day. in three weeks she showed that she is not a responsible person, she took a day off for "mental health" reasons, I would not leave my child with her, I would look for a temp nanny from an agency or call family if possible. definitely, I would not argue with her about one day pay if she is still watching your child

[Anonymous]

I too would makeother arrangements for the time being and tell the many not to come back. she obviously doesn't want to and woolprobably show up once or twice and then bail without notice. You'll be able to find a good replacement andmaybe seven even someone who doesn't currently have a job and can start right away.