Letting Nanny go, advice needed.

[Anonymous]

Hi,
I have had a wonderful nanny for a little over a year and half for my almost 2 year old son. We are moving to a new house, and will be transitioning to daycare. We let our nanny know yesterday with 2 months notice.

She asked that her vacation be paid out. We have 2 weeks agreed upon vacation for the full year, however she will be leaving us in end of July. Should we just give her the 2 weeks pay or is 1 week fair?

Also, if you give 2 months notice, is severance usually given (i guess this would be the vacation paid out)?

Thanks!!

[Anonymous]

Where are you located? In MD, the law says all vacation earned must be paid out at the end of employment unless otherwise stipulated in the contract. If you told her she had two weeks vacation starting day 1, then you owe her for two weeks.

Make sure you have vacation accrue in the future. You're going to daycare, though, so you won't have to worry about that.

Also, there is nothing to stop her from leaving two weeks early and calling that "vacation" if you say no.

All that said, half a year = half the vacation sounds fair, but if she doesn't agree, I'd expect her to schedule two weeks off between now and then.

[Anonymous]

Anonymous wrote:Where are you located? In MD, the law says all vacation earned must be paid out at the end of employment unless otherwise stipulated in the contract. If you told her she had two weeks vacation starting day 1, then you owe her for two weeks.

Make sure you have vacation accrue in the future. You're going to daycare, though, so you won't have to worry about that.

Also, there is nothing to stop her from leaving two weeks early and calling that "vacation" if you say no.

All that said, half a year = half the vacation sounds fair, but if she doesn't agree, I'd expect her to schedule two weeks off between now and then.

I'm actually in NY and am moving to NJ. She has not accrued the vacation time yet, it would have been 2 weeks for the whole year. By July it would be around 1 week.

Thanks for the advice though!

[Anonymous]

Anonymous wrote:

Anonymous wrote:Where are you located? In MD, the law says all vacation earned must be paid out at the end of employment unless otherwise stipulated in the contract. If you told her she had two weeks vacation starting day 1, then you owe her for two weeks.

Make sure you have vacation accrue in the future. You're going to daycare, though, so you won't have to worry about that.

Also, there is nothing to stop her from leaving two weeks early and calling that "vacation" if you say no.

All that said, half a year = half the vacation sounds fair, but if she doesn't agree, I'd expect her to schedule two weeks off between now and then.

I'm actually in NY and am moving to NJ. She has not accrued the vacation time yet, it would have been 2 weeks for the whole year. By July it would be around 1 week.

Thanks for the advice though!

Is there a formal accrual agreement? As in, she earns x hours per hours worked? Or did you just say it was 2 weeks for the year?
If you hadn't moved, would she have had to wait until December to use those weeks? Or did it just work out that she hasn't taken vacation?

[Anonymous]

Here's the NY law (https://labor.ny.gov/workerprotection/laborstandards/faq.shtm#11):

Q: When employees resign -- or are discharged -- from a job, must the employer pay them for any accrued, unused vacation time?

A: Whether an employer must pay for unused time depends upon the terms of the vacation and/or resignation policy. New York courts have held that an agreement to give benefits or wage supplements, like vacation, can specify that employees lose accrued benefits under certain conditions. [See Glenville Gage Company, Inc. v. Industrial Board of Appeals of the State of New York, Department of Labor, 70 AD2d 283 (3d Dept 1979) affd, 52 NY2d 777 (1980).] To be valid, the employer must have told employees, in writing, of the conditions that nullify the benefit.

IF...
AND...
THEN
An employee has earned vacation time
There is no written forfeit policy
The employer must pay the employee for the accrued vacation

[Anonymous]

Anonymous wrote:

Anonymous wrote:Where are you located? In MD, the law says all vacation earned must be paid out at the end of employment unless otherwise stipulated in the contract. If you told her she had two weeks vacation starting day 1, then you owe her for two weeks.

Make sure you have vacation accrue in the future. You're going to daycare, though, so you won't have to worry about that.

Also, there is nothing to stop her from leaving two weeks early and calling that "vacation" if you say no.

All that said, half a year = half the vacation sounds fair, but if she doesn't agree, I'd expect her to schedule two weeks off between now and then.

I'm actually in NY and am moving to NJ. She has not accrued the vacation time yet, it would have been 2 weeks for the whole year. By July it would be around 1 week.

Thanks for the advice though!

do you have the accrual schedule written somewhere? If you do have it written, have you gone by it or allowed her to take time off before it is earned. Honestly, I'd just give it to her or tell if she has earned one week, but you will pay her the second week as a bonus if she stays until you no longer need her.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Where are you located? In MD, the law says all vacation earned must be paid out at the end of employment unless otherwise stipulated in the contract. If you told her she had two weeks vacation starting day 1, then you owe her for two weeks.

Make sure you have vacation accrue in the future. You're going to daycare, though, so you won't have to worry about that.

Also, there is nothing to stop her from leaving two weeks early and calling that "vacation" if you say no.

All that said, half a year = half the vacation sounds fair, but if she doesn't agree, I'd expect her to schedule two weeks off between now and then.

I'm actually in NY and am moving to NJ. She has not accrued the vacation time yet, it would have been 2 weeks for the whole year. By July it would be around 1 week.

Thanks for the advice though!

[Anonymous]

do you have the accrual schedule written somewhere? If you do have it written, have you gone by it or allowed her to take time off before it is earned. Honestly, I'd just give it to her or tell if she has earned one week, but you will pay her the second week as a bonus if she stays until you no longer need her.

[Anonymous]

Anonymous wrote:
do you have the accrual schedule written somewhere? If you do have it written, have you gone by it or allowed her to take time off before it is earned. Honestly, I'd just give it to her or tell if she has earned one week, but you will pay her the second week as a bonus if she stays until you no longer need her.

+1. She hasn't really been with you long enough for a bonus at the end of employment, and you're giving her a ton of notice, so no severance would apply.

[Anonymous]

My kids' nanny accrues a certain number of hours each pay period and by July would not have accrued two weeks. So I would pay out one week. For a year and a half I would not do severance considering you're giving two months notice.

[Anonymous]

Anonymous wrote:
do you have the accrual schedule written somewhere? If you do have it written, have you gone by it or allowed her to take time off before it is earned. Honestly, I'd just give it to her or tell if she has earned one week, but you will pay her the second week as a bonus if she stays until you no longer need her.

Thank you, this is what we will do.

[Anonymous]

I would only offer her a week's vacation pay.

I don't see why she is thinking that she is entitled to two...??

She seems like she is either grossly uninformed or is trying to nickel + dime you.

And no, for two month's notice, severance pay is not expected.

[Anonymous]

What is keeping her from leaving the second she found another job? She could find another job in the next two weeks and leave you high and dry. Offer her her two weeks vacation pay if she stays until your agreed upon date.

[Anonymous]

Anonymous wrote:What is keeping her from leaving the second she found another job? She could find another job in the next two weeks and leave you high and dry. Offer her her two weeks vacation pay if she stays until your agreed upon date.

Exactly.

[Anonymous]

Good lord. She earned her vacation and you pay her for every minute! Unbelievable! Also,she is a nanny NOT a packer/mover so if you expect her to do your packing that you pay her considerably more.