Vacation Payout?

[Anonymous]

Hi All. I have a first-timer kind of question.

Our nanny (who has been with us for quite a while, and has been great with our kids) has given us notice that she will be leaving to change professions.

However, she has not given the full notice that is contractuallly specified, and she said her last day will be on a Friday of a week she had already planned to take vacation. So she actually intends to work a week less than the notice period, but be paid for an additional week - which includes a holiday for which she would normally have been paid.

We bear her no ill will, and would like to part on good terms, but we don't feel like this is very professional of her. We are not wanting to be difficult, but we also don't want to be taken advantage of (or have our remaining days with her be unpleasant.)

Any advice for us? Thanks.

[Anonymous]

Honestly, id let it go. I know in the professional world this is really form, but, if you think about it logically, she's just taking the vacation she has earned and you still have the same amount of time to find a replacement. It's the sort of thing I could imagine doing early in my career until I saw things from the employer side as well.

My answer might be slightly different if your contract has just turned over, so she won't have accrued the vacation yet.

[Anonymous]

Really /bad/ form. ! Sorry, typing on tiny phone screen!

[Anonymous]

She worked and EARNED this vacation time. YES, you pay her, why do you even need to ask!

[Anonymous]

I'm not sure about DC or VA, but in Maryland, you are required to pay out any unused vacation at the end of employment unless your contract specifies otherwise.

I might tell her you are terminating her as of the last day she is scheduled to actually work in your home, and you will pay out the unused vacation days but not the holiday day. Although it might not be worth the ill will to save yourself one day's holiday pay.

Since she already has a new job, you don't have to worry about her filing unemployment.

[Anonymous]

Anonymous wrote:She worked and EARNED this vacation time. YES, you pay her, why do you even need to ask!

7:39 here. Of course she gets paid out her earned vacation. That's not the question. The unprofessional part is using the payout to shorten the notice period. So, the best way to handle it is to work your full notice period and request a payout of accumulated vacation days. But, that's just the best way to handle it. I also suggested just letting it go!

[Anonymous]

Anonymous wrote:

Anonymous wrote:She worked and EARNED this vacation time. YES, you pay her, why do you even need to ask!

7:39 here. Of course she gets paid out her earned vacation. That's not the question. The unprofessional part is using the payout to shorten the notice period. So, the best way to handle it is to work your full notice period and request a payout of accumulated vacation days. But, that's just the best way to handle it. I also suggested just letting it go!

Thank you 7:39. Your advice is very helpful and I agree with you. We will just take the high road. That will be better for easing the transition for our kids anyway, (And this nanny is quite young so she has had as little experience being a nanny as we have in being employers of one.).

I appreciate the quick advice all.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:She worked and EARNED this vacation time. YES, you pay her, why do you even need to ask!

7:39 here. Of course she gets paid out her earned vacation. That's not the question. The unprofessional part is using the payout to shorten the notice period. So, the best way to handle it is to work your full notice period and request a payout of accumulated vacation days. But, that's just the best way to handle it. I also suggested just letting it go!

Thank you 7:39. Your advice is very helpful and I agree with you. We will just take the high road. That will be better for easing the transition for our kids anyway, (And this nanny is quite young so she has had as little experience being a nanny as we have in being employers of one.).

I appreciate the quick advice all.

I would tell her that's what you're doing, too. You can agree to her terms, but give her something to think about.

[Anonymous]

I have a key question OP.

You stated that she did not give the amount of time re: giving you notice as the contract specified.

For example, if the contract stated three weeks notice required, then did she give only two weeks notice yet expects to collect the following week in vacation pay??

I would only be okay w/that if she actually worked the full year w/out using up her vacation pay yet.
Otherwise I wouldn't pay her it.

[Anonymous]

Did she earn the vacation? If so, what's the problem?

[Anonymous]

What's the problem? Yes, you pay her for the vacation