Guaranteed hours seem a one way street

[Anonymous]

Newish nanny arrived an hour early twice this week. She left a couple hours early two days this week because she wanted to get to an appointment. When she got her check, she complained that she hadn't been paid more for the two early hours. Well, seeing as how I gave her about four hours of time off when requested, I thought it reasonable not to pay her above the usual 40 hrs weekly amount for the extra two hours she worked. If my math is correct, 4-2=2, so I still paid her for two hours she DID'T work. She said she would have stayed until her usual end time if I wanted, so it wasn't fair to not pay her the extra hours.

Banging my head against the wall here. So, apparently if she works less than 40 hrs because I don't need her, she gets paid (okay, I get that). But, if she works less than 40 hours because she wants to leave early for appointments, she STILL gets paid. That's the part that makes no sense to me.

[Anonymous]

Did you ask her to come in early those two days?
Did you discuss her options for sick leave/vacation time?

My 2 cents: If she was early at your request, she needs to be paid for that time.
You say she left a couple of hours early two days because of an appointment? Why not lump that together into one half day of vacation?

If you are guaranteeing 40 hours and you need her for less, pay her. If she wants to leave early for an appointment, you can discuss it and require her to take that as paid time off.

[Anonymous]

Guaranteed hours is definitely a perk for the nanny, not a two way street, but that's ok.

In your case, however, if the nanny requested the afternoon hours off, she should either use her PTO or let you shift the hours. Just because you could have said no is irrelevant. The time off was at her request.

[Anonymous]

It is a one-way street until you are in desperate need and your nanny has another gig because you're too cheap to pay for guaranteed hours and you have to stay home and take care of your snowflake

[Anonymous]

Guaranteed hours are great for both sides. You know that you don't have to scramble last minute to find someone to fill in because nanny needed more money for her bills, she knows how much (minimum) she is getting per week.

If you asked her to come in before the set schedule, you pay for those hours. If she left early because you said she was done for the day, you pay for the hours. However, if she asks for hours off, it comes out of PTO/vacation hours, and she can't require you to pay overtime for the week for those (unless the normal schedule has overtime).

It sounds like you had the normal schedule, asked for two mornings to be an hour early each. Ok, so you're at 42 hours, which is overtime for 2. But, she asked for 2 hours early two days, so that takes you back down to 38. Guaranteed hours only applies when the nanny is actually available and willing to work the required hours, and she wasn't, so you are only obligated to pay for 38. If the nanny wants to use 2 PTO hours to bring the weekly total up to 40, that's her prerogative, but you don't have to pay more than 38 as it stands now.

[Anonymous]

I agree with PP, she shouldn't be paid for that time unless she specified she wanted to use PTO to cover it. How much PTO does she get annually per your contact?

[Anonymous]

If you requested her to come on early those two days, then of course it would only be fair for you to fully compensate her for her time.

However if she came in early on her own accord, she shouldn't be expected to be paid since you didn't require her presence until an hour later.

As for the four hours she took off, did you authorize her in advance for the time off? If so, then at that point you should have discussed payment w/her to avoid any confusion.

However, that may be water under the bridge.

I personally wouldn't expect to be paid for any time that I voluntarily took off for an appointment or two. Same goes for if I arrive early w/out being required to.

Hope this helps out.

[Anonymous]

You are both wrong here.

If she asked to leave early for appointments, she should either not be paid for those hours or use PTO. If she didn't actually need to leave early, and she wanted to be paid her regular rate, then she should have stayed. It's not on you to make her day easier unless you want to.

You need to make your time-off policy clear. Mine is that the nanny needs to use her PTO in 1/2 day amounts, because I don't want to be tracking hours.

So, if she leaves 2 hours early one day and wants to use PTO, she ends up getting paid for 4 hours instead of 2 (because she worked the other two), but at her regular rate, not OT.

If you wanted her to come in early one day, that should be extra pay, unless you said to her, "Hey, rather than taking those hours for your doctor's appt unpaid, or using PTO, can you come an hour earlier on Tuesday and we'll call it a wash?" She comes out ahead that way, and you don't feel so taken advantage of.

But it has to be clear!

[Anonymous]

this is why we do the salary..... we both get some flexibility

[Anonymous]

Anonymous wrote:this is why we do the salary..... we both get some flexibility

OK, but that's not legal, and lot of nannies aren't interested in a salary. I would say any nanny who was going to argue that she should be paid for the time she was at the doctor is one of them.

[Anonymous]

PP here-- right but my nanny takes off (and still gets paid her salary) when she goes to the doctor or whatever. So, that is not worse for her. It's a salaried job - some days are better for her, and some for me, just like my job, in fact.

[Anonymous]

Anonymous wrote:You are both wrong here.

If she asked to leave early for appointments, she should either not be paid for those hours or use PTO. If she didn't actually need to leave early, and she wanted to be paid her regular rate, then she should have stayed. It's not on you to make her day easier unless you want to.

You need to make your time-off policy clear. Mine is that the nanny needs to use her PTO in 1/2 day amounts, because I don't want to be tracking hours.

So, if she leaves 2 hours early one day and wants to use PTO, she ends up getting paid for 4 hours instead of 2 (because she worked the other two), but at her regular rate, not OT.

If you wanted her to come in early one day, that should be extra pay, unless you said to her, "Hey, rather than taking those hours for your doctor's appt unpaid, or using PTO, can you come an hour earlier on Tuesday and we'll call it a wash?" She comes out ahead that way, and you don't feel so taken advantage of.

But it has to be clear!

+1
-MB

[nannydebsays]

Anonymous wrote:Newish nanny arrived an hour early twice this week. She left a couple hours early two days this week because she wanted to get to an appointment. When she got her check, she complained that she hadn't been paid more for the two early hours. Well, seeing as how I gave her about four hours of time off when requested, I thought it reasonable not to pay her above the usual 40 hrs weekly amount for the extra two hours she worked. If my math is correct, 4-2=2, so I still paid her for two hours she DID'T work. She said she would have stayed until her usual end time if I wanted, so it wasn't fair to not pay her the extra hours.

Banging my head against the wall here. So, apparently if she works less than 40 hrs because I don't need her, she gets paid (okay, I get that). But, if she works less than 40 hours because she wants to leave early for appointments, she STILL gets paid. That's the part that makes no sense to me.

Did she come in early on her own, or did you approve that change in hours? If she did it on her own initiative, I don't see a need to pay her. If you asked her to come in, then she gets paid.

Does she have adequate PTO to take time off for appointments? If so, then she used PTO to go to her appointments, and she does get paid for that time.

What she "would have" done (stay until normal end time) is irrelevant IMO - she left early.

I think the obvious solution is to pay her for her full 40, and deduct 2 hours from her total PTO hours. However, if use of PTO wasn't discussed and isn't covered in her contract, you may have to grit your teeth and pay her THIS TIME (If YOU asked her to come in early) to keep your work relationship positive, and go back over your policy.

I am sure somewhere there is an "hour trading law" that is broken when nannies and families do this sort of swapping, but as long as all parties are aware of the agreement, and are happy with it, why not be a little flexible on both ends?

[Anonymous]

nannydebsays wrote:

Anonymous wrote:Newish nanny arrived an hour early twice this week. She left a couple hours early two days this week because she wanted to get to an appointment. When she got her check, she complained that she hadn't been paid more for the two early hours. Well, seeing as how I gave her about four hours of time off when requested, I thought it reasonable not to pay her above the usual 40 hrs weekly amount for the extra two hours she worked. If my math is correct, 4-2=2, so I still paid her for two hours she DID'T work. She said she would have stayed until her usual end time if I wanted, so it wasn't fair to not pay her the extra hours.

Banging my head against the wall here. So, apparently if she works less than 40 hrs because I don't need her, she gets paid (okay, I get that). But, if she works less than 40 hours because she wants to leave early for appointments, she STILL gets paid. That's the part that makes no sense to me.

Did she come in early on her own, or did you approve that change in hours? If she did it on her own initiative, I don't see a need to pay her. If you asked her to come in, then she gets paid.

Does she have adequate PTO to take time off for appointments? If so, then she used PTO to go to her appointments, and she does get paid for that time.

What she "would have" done (stay until normal end time) is irrelevant IMO - she left early.

I think the obvious solution is to pay her for her full 40, and deduct 2 hours from her total PTO hours. However, if use of PTO wasn't discussed and isn't covered in her contract, you may have to grit your teeth and pay her THIS TIME (If YOU asked her to come in early) to keep your work relationship positive, and go back over your policy.

I am sure somewhere there is an "hour trading law" that is broken when nannies and families do this sort of swapping, but as long as all parties are aware of the agreement, and are happy with it, why not be a little flexible on both ends?

I don't see why there would be. BANKING hours gets you into hot water because the banked hours should be paid at overtime rates later on if they push the nanny over 40 in the week when they are used, but you are using them at the original rate.

Just moving hours around during the same week shouldn't create any issues. In fact, the only law on this is that nannies are hourly workers, so anything over 40 is 1.5x. Other than that, it's all up to the agreement between the two parties involved.

[Anonymous]

You there OP? What does your contract state regarding PTO? If it is unaddressed, then now is the time to address it.