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Reply to "Maryland Requirements"
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[quote=Anonymous][quote=Anonymous]OP here- we have had a nanny for ages and I stumbled on the workers comp requirement by accident so I am wondering if I am missing anything else. For example, someone on this board recently said you have to state vacation days don't accrue in your work agreement or you are liable to pay them out. This struck me as odd b/c a work agreement isn't legally enforceable like a contract, and I can no longer find the thread to see if the original poster cited the info. Any info people have would be greatly appreciated.[/quote] I believe I'm the poster you are referring to and I believe you misunderstood my post. In MD, unless otherwise stated in the agreement, you are liable to payout unused but accrued vacation time. If you dont have it set up to acrue, she is likely entitled to all of it. http://www.dllr.state.md.us/labor/wagepay/wpunusedvacpay.shtml Sick time does not work the same way: http://www.dllr.state.md.us/labor/wagepay/wpunusedsick.shtml Essentially, the state of MD considers vacation compensation, and therefore your nanny is entitled to what she has accrued or earned, while sick time is merely a contingency against illness, NOT compensation, as has been argued here recently. Also don't believe the nonsense that nanny contracts aren't enforceable. They are, and there's no reason why they wouldn't be, they just usually aren't worth the trouble of enforcing, but believe that if you make your nanny/employer angry enough it may very well be worth it. If your contract doesn't specify what happens with vacation you are already liable for paying it out. If you don't want to be, this is a renegotiation of terms, don't just go behind her back and secretly change the wording simply because you might get away with it. However, since you are researching requirements, it doesn't seem like your intention is to screw her. Good luck! [/quote]
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