We have spoken to several nannies that indicated they don't need paid vacations or paid holidays, as long as our hourly rate is high enough and we guarantee enough hours.
Is it legally required to offer paid holidays or PTO days for nannies in Virginia? |
FT or PT? |
No its not legally required. |
I wonder why anyone would want a job that doesn't offer them any PTO? When would they go take care of appointments that can't be done on weekends? What would they do if they were too ill to work?
Just doesn't make much sense to me... |
While it is not legally required, part of what irs uses to determine employee status, is the question "normal employee benefits, such as paid holidays and vacation". |
I'm sure you wouldn't have had several random nannies telling you they don't care unless you brought it up first.
Example, POTENTIAL MB: We don't offer vacation, nor do we offer paid holidays. Please let me know if you're fine with this. NANNY: As long as the rate is high enough (to make up the lack of benefits.) You don't legally have to give those benefits but a good dedicated nanny knows that she can find herself a family who gives a good rate with good benefits including holidays and paid time off. I'm sure you get paid time off and holidays so why do you think your nanny doesn't deserve the same? Your not going to keep a nanny longterm with that state of mind. Just saying. |
OP here. Thanks for the replies.
Definitely understand that providing benefits is important. The position is not full-time though, and calculating PTO/paid time off could get fairly complicated. |
How PT is your position? Unless you only need someone 5 hours a week, you just offer to pay them when THEY are available to work but YOU don't need them, and then if you want to offer them 1 weeks worth of PTO, you can do so easily. If nanny works 20 hours a week, she is allowed 20 hours of PTO for illness or appointments. 30 hours worked per week = 30 hours PTO per year. And so on. You and she both track the PTO use, and when it's gone it's gone, and she is not paid for tine off SHE takes when YOU need her. |
Generally agree w/ PP but not with this:
"If nanny works 20 hours a week, she is allowed 20 hours of PTO for illness or appointments. 30 hours worked per week = 30 hours PTO per year. And so on. " Use allotments of 1 and 1.5 work days, not hours unless you WAH. many office jobs don't let you take your time in hourly increments and instead only allow .5 day incredments so if you let nanny spend hers in hours you may burn through a lot more of your time quickly. |
This is absolutely correct. |
Yes, but this is immaterial to OP. The question for the IRS re employee status is to catch people trying to make their employees into independent contractors. A nanny is always a household employee; the IRS is never going to say, oh wait, you didn't give your nanny PTO, so she's an independent contractor. |
double check this. I feel like I vaguely recall there being an issue with only allowing 1/2 day or full day increments if the employee is non-exempt. |
"double check this. I feel like I vaguely recall there being an issue with only allowing 1/2 day or full day increments if the employee is non-exempt. "
how can this be illegal when it is not required to offer sick leave at all? |
Why would someone OPT OUT of PTO? That's dumb. When something comes up and they need time off/are sick, they will regret that. I'd keep it in contract, but a lower number than you expected to give. |
Read the OP's post. Its a part time position. The nannies are asking for a high enough salary and guaranteed hours instead of PTO. PTO isn't very common with part time jobs so the candidates are trying not to make themselves look like the candidate who is asking for too much compensation. They know that if they ask for a high rate and PTO that there will be five other candidates not asking for it and they lose the job. PTO is just another form of compensation. Its been posted here before but a higher paying job with no PTO (you take unpaid time if you are sick) can yield a higher annual take home amount than a slight less paying job with PTO. If you are never sick and don't travel where you need to make travel arrangements outside of when your family goes on vacation and you get guaranteed hours, its actually smart to push for the higher rate and give up PTO. |