No, it was not the employer's responsibility to discuss a benefit that she wasn't offering. It is the employee's responsibility to ask for any compensation that is in addition to the offer put forward.

You are basically saying that ANY benefit this nanny comes up with that the employer didn't explicitly tell her she wasn't offering, is now something that the nanny should simply receive. Sorry but this is not true and very manipulative. Nannies should be honest up front and ask for what they want, not play games.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Its manipulative and dishonest for nannies to not negotiate upfront for benefits.

The same can be said for employers who don't tell their nanny upfront they won't be paid if the family takes a vacation. This was a mistake on both sides.

+1

+2. I've been nannying for 10+ years and have always been paid my weekly salary whether the family uses me or not. This is something that you always discuss during the interview process. OP, if you don't plan to pay your nanny, prepare for looking for a new nanny.

Anonymous wrote:

Anonymous wrote:Its manipulative and dishonest for nannies to not negotiate upfront for benefits.

The same can be said for employers who don't tell their nanny upfront they won't be paid if the family takes a vacation. This was a mistake on both sides.

+1

Nanny here. I have always made sure that all my employers agree to pay me if they choose to go on vacation and not need me for a certain period of time. I don't make up the hours. This is my job, and I depend on my income just as I would imagine you depend on yours.

It's unfortunate that this wasn't discussed at the beginning of her employment with your family. You're in a tough spot now because she could decide to look for a new job if you don't come to a reasonable compromise that includes at least some payment for that week. You are within your right to refuse to pay her that week since it wasn't agreed upon upfront, but be prepared for what that might lead to.

Anonymous wrote:Its manipulative and dishonest for nannies to not negotiate upfront for benefits.

The same can be said for employers who don't tell their nanny upfront they won't be paid if the family takes a vacation. This was a mistake on both sides.

As a full time nanny I expect to get paid even if you don't need me. This is my full time job. I can't afford to not get paid if you decide to take a vacation. This should have been discussed during the interview process but since it wasn't you have two choices. You pay it or don't pay it. I absolutely would not agree to make up the hours on evenings or weekends. I value my free time and I am not giving up 40 hours of my own time because you chose to take a vacation during my regularly scheduled time. If you choose not to pay her I would be prepared to find a new nanny be side I would most definitely use that week to interview for a new job. I wouldn't feel comfortable knowing I'll miss a paycheck whenever you decide to travel.

Its manipulative and dishonest for nannies to not negotiate upfront for benefits.

As a nanny if you had denied me, I would use that time off to interview. I would realize that even after a year of service you didn't value me as an employee and obviously didn't care to retain my services. If I was offered a job during the week off, I'd send an email during your vacation informing you of my two week notice effective of your vacation date. Thus eliminating at least one week of actually being in your presence after quitting.
You clearly don't see your nanny or any nanny as a professional since you didn't even offer basic benefits. Your nanny shouldn't have accepted the position but she was probably desperate at the time.

If I were you I'd be careful about firing her tho, let her quit because if you fired me I'd report you to the IRS and than start claiming unemployment. I'm paid under the table and make sure to save enough to cover taxes if I have to do this to a horrible employer, if it works out it all goes to my saving. If not, I screw you over. Luckily I have amazing kind employers who also offer benefits.

Anonymous wrote:I would say no if I hadn't agreed to upfront. I would be worried that this sets a precedent for her to act like additional benefits that weren't part of the package should just be given.

It would bother me that she didn't offer any type of compromise but just expects you to give her this new benefit.

40 hours to make up on evenings or weekends is a lot but she could have offered to make up some hours. She also could have asked if she could bring along her 11 year old on some of the hours that she makes up. She could have offered to come to your house for part time the week you are gone and do housekeeping or other tasks. She could have asked for a portion of the week to be paid since she didn't ask for this benefit upfront.

$14 may be on the lower end for a legal nanny but $14 is high for someone being paid under the table. There aren't that many jobs in DC that pay under the table.

I'd love to ask your nanny how happy she is with you.

I would say no if I hadn't agreed to upfront. I would be worried that this sets a precedent for her to act like additional benefits that weren't part of the package should just be given.

It would bother me that she didn't offer any type of compromise but just expects you to give her this new benefit.

40 hours to make up on evenings or weekends is a lot but she could have offered to make up some hours. She also could have asked if she could bring along her 11 year old on some of the hours that she makes up. She could have offered to come to your house for part time the week you are gone and do housekeeping or other tasks. She could have asked for a portion of the week to be paid since she didn't ask for this benefit upfront.

$14 may be on the lower end for a legal nanny but $14 is high for someone being paid under the table. There aren't that many jobs in DC that pay under the table.

Nannies here will tell you that guaranteed hours is an entitlement. Its not. Its a negotiated benefit and a big one though not an unreasonable one.

She should have asked for this when she was being hired. You would be will within your rights to say no and remind her that she did not negotiate for this benefit. If she can easily find a job with the same pay and willingness to pay under the table then she may leave. If there are tons of nannies on the market where you live, then she may be disappointed but she isn't going anywhere.

I do give my nanny guaranteed hours but we negotiated it upfront. I actually offered specifically as part of the package. If I hadn't offered and she never brought it up, I would be pissed if she suddenly expected a big perk that she never asked for initially.

This is tough because it is absolutely something that should have been handled/discussed during the hiring process. Do you have any agreement re holidays, vacation/sick time, etc...? How long has she been with you? Is she full time (every work day, all day?) How satisfied are you with her overall? Are you prepared to lose her if she can't accept the unpaid week or is it worth the money to pay her some/all of it?

Obviously you need to decide how to handle this but it sounds like you don't have a solid agreement about leave/vacation time (for all parties) and that is clearly needed.

Typically a nanny who works full time for a family and for whom it is their primary employment would reasonably expect to be paid even when the family decides they don't need her for any given day or set of days. Some agreements ask the nanny to take a week of vacation concurrent with the family's vacation but not all.

I'm an MB and our nanny gets two weeks of vacation leave (plus sick leave and holidays) and she can take that vacation time whenever she likes (giving us notice so we can plan for it obviously). When we have travelled with the kids she gets paid - even though we're not there. It's not her fault that we don't need her - she would be expected to be available to us that day so we need to honor our agreement.

I think you, and your nanny, made some rookie mistakes and now you're paying the price. A lot depends on whether you're pleased with her and want to retain her. If you are then I think it's reasonable for her to expect to be paid for that week - especially if she's working full time for you. And, as I'm sure you know, if you really like her and she's doing a good job you are getting a pretty amazing deal for $14/hr under the table. Especially if you're in the DC metropolitan area. (I hope you're prepared for the flaming you're likely to receive.)

My advice is to first look at the big picture - if you don't want to find another nanny then the cost of her salary for one week is probably a small price to pay. Second - get an agreement between you that deals with these things so you all know what you're agreeing to and what to expect going forward.

I think your nanny has laid out her case to you pretty well. It's relatively standard to maintain her paycheck through your vacation but you can always choose to dock her. Please recognize though that if you choose to dock her, despite her making clear her expectations, you will most likely lose your nanny.

Tell your nanny to find herself a new job. Simple.

Me and my husband are planning to take our two children to visit relatives out-of-state in May. Last evening my nanny stayed an extra 15 minutes to discuss payment for the week we will not need her services. She basically expected to be paid the whole week for free and explained her reasoning including her availability and need of a stable paycheck, which I can understand. I tried to compromise with her, asking her if she would like to make up the hours over time (Saturday nights or If I run late or decide to run an errand after work). She told me she could not do this because of other obligations on her off hours, including spending time with her 11-year-old child. I told her I would need to talk to my husband and will get back to her.

No we did not discuss this prior to her employment last June. She is paid under the table and I pay her $14 per hour for two children (1-year-old and my eldest who spends 10 hours per week in preschool),
Can somebody please help me out and give me some advice on this issue. I know she's expecting an answer when I get home tonight.