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Many families say upfront that vacations the first few months of work will not be paid. Why? So nanny doesn't rack up several paid weeks of doing nothing and then walk away.
This should have been clear up front. |
But if it wasn't made clear, as it sounds like it wasn't, then the family should honor the contract as written and pay for the guaranteed hours. |
| Did you read carefully? The nanny did bot ask nor took vacation. The family decided to take vacation. |
Only OP knows what was spelled out in the contract and what was verbally communicated. The rest is hearsay. |
What if I hire a nanny Dec 1st, then take 2 weeks off for christmas vacation and then in early January she quits? SOL or do you think I'd put something in the contract protecting me as an employer? |
You can always make her accrue vacation based on her work hours. |
| How does accrue vacation help, when the family decides to take vacation? She did not ask for vacation or time off. |
The family should have used the 1-3 months as a trial period and then started FT after all their winter break vacations. Whatever. Devil is in the details. |
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Anonymous So odd. What kind of an hourly employee gets paid when they don't work? Oh, right - none. The one that has a written, signed and dated contract that says she does.
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No flaming, please. Depending on the nature of your employer organization, your federal/state/county/municipality/township statutes/employee citizenship status, and the employment contracts....that may not be legal. Ijs....hope the company did it's homework.
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Anonymous I think the language in the contract is important. If the OP had a notice clause she didn't honor, then there may be an issue in her collecting her money. If both parties broke the contract, she may not win in court. Still, she loses nothing by filing with small claims and she should absolutely pursue her money. The NF breached the contract FIRST by non payment of guaranteed hours. The nanny is no longer required to continue with the terms of that breached contract. Think what that would mean in any other type of employment situation.... Your employer doesn't pay you because the boss took a week's vacation. But you're supposed to absorb that loss for a longer period so that you can service notice to your employer on a contract they broke with you. No, no.
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Anonymous wrote: Anonymous wrote: So odd. What kind of an hourly employee gets paid when they don't work? Oh, right - none. All hourly employees with guaranteed hours and paid holidays/vacations routinely get paid for hours they do not work. When I cover holidays and vacations for my hourly employees at my company, they are being paid for when they do not work. Have you never held a job before, PP? I earn 1 vacation day for every 4 weeks I work. They accrue, they are not all gifted on Day 1 of each year. Aaahhhh, but they would have been gifted Day 1 of each year ??? If your employment contract had been structured that way. And therein lays the difference. Ijs.
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| Contracts for nannies don't matter. They don't hold weight. You can't go to HR and complain. Your only recourse when your NF isn't honoring the contract is to quit. For money issues it will never be worth it to go to small claims court unless they haven't paid you for like 6 months and you foolishly kept working and are owed $25,000. |