Anonymous
Post 11/26/2013 21:06     Subject: Nanny Questioning Contract Terms--Two Months After Signing

Red flag - big - for get to be complaining now instead if at contract signing. That said I do not think the way you have set it up where she gets paid differently on holiday weeks than she normally would us very common (although it is legal re: OT payments). So maybe she just did not really understand that provision. You are paying her basically 20 per hour for the last 5 on a holiday right? Or are you just not paying for those last 5 hours at all? The latter is not a good idea; the former is reasonable but confusing.
Anonymous
Post 11/26/2013 12:52     Subject: Nanny Questioning Contract Terms--Two Months After Signing

Out-sourced kid care can be a real bitch. But it's still worth it.
Anonymous
Post 11/26/2013 09:05     Subject: Nanny Questioning Contract Terms--Two Months After Signing

I think nanny PP hit the nail on the head:
This person will be MORE work for you...
Anonymous
Post 11/26/2013 09:05     Subject: Nanny Questioning Contract Terms--Two Months After Signing

OP: I didn't read the responses but I had a very similar situation in Arlington. We gave in to her first demands and she continued to make demands every few months for the 18mo we worked with her. I am now hiring my second nanny and if this happens again, I will immediately terminate the relationship and seek another nanny or child-care solution. She's dissatisfied and will likely continue to be dissatisfied. Ours played the two families off each other too. Toxic and manipulative. RUN! Good luck. I know this is stressful.

FWIW, my employer was very understanding when we did fire her (for a safety issue) and both my husband and I did about 2 months of swapping working from home to accomodate the new child care search. hard, but possible and we were surprised at our employers supportive reactions to our situations.

Finally, we actually set all the vacation time in the contract b/c it was a share and nanny agreed b/c it was the week of Christmas and the second-to-last in Aug. She didn't have a problem with that given she understands that shares require flexibility. She just wanted more money all the time. ALL the time.
Anonymous
Post 11/25/2013 18:48     Subject: Nanny Questioning Contract Terms--Two Months After Signing

Anonymous wrote:We are almost two months into our nanny share and after some adjustments, things are going very well. Recently, our nanny began questioning a number of items that are very explicit in the contract that she was provided well in advance of needing to sign (3 weeks). She is caring for two babies, 45 hours a week ($20/hour for 40 of those hours and $30/hour for the additional five overtime hours), receives 10 vacation days (5 chosen by the families, 5 of her choice), 5 sick days and 10 Federal Holidays; no overtime for these days. Both families did extensive research to ensure that we were providing her a worthwhile package (we are located in Rockville).

However, she is just now telling us that she has an issue with no overtime being paid for the days she is off, and that she is concerned about being able to choose just 5 of the vacation days. With two families, we felt that it was important to coordinate time off to ensure fairness to all parties and we chose Christmas Eve through New Years Day, especially since it gave her two extra days with the two Federal Holidays, and consulted with her before finalizing. Both of these points were very clear in the contract, which leads me to believe she didn't full read the contract, as she was asked multiple times if she had any questions and if everything made sense.

I'm not really sure where to go from here. Thoughts on how to respond?


Hi OP,

I'm a nanny with approximately the same experience as yours (plus 3 years teaching experience) and believe you are paying her a sound and competitive rate.

If I were you I would ask her to sit down for a formal meeting with both parents and the nanny present. Bring a photocopy of the signed contract to go over with her and to give to her again. I would explain to her that OT is calculated based on hours worked - PTO time does not count towards the 40-hr cap - and that you believed the contract was very clear about her compensation. I would then tell her that it is very standard for nannies to receive two weeks of vacation, one of their choice and one of their employer's choice, and give her the phone numbers for one or two nanny agencies in your area and tell her if she'd like to call to check with them about standard benefits packages she should. Ask her to take 10 minutes to read the contract again, while you wait, to see if there are any other issues she would like to raise with you at this meeting.

If she is defensive or oppositional during this chat, you and your share partner should discuss how you'll go about finding a new nanny as soon as she leaves.

If she is not thrilled but reluctantly accepts the terms, you should proceed carefully with her employment and keep an eye out for any other red flags, but I wouldn't say fire her immediately.

I'm sorry for your hassle. Professional nannies DO read their contracts thoroughly and do understand issues like OT and holiday/vacation allotment, so I suspect you have accidentally hired someone who's not that professional and will ultimately turn out to be more work for you than help for you... but I hope I'm wrong!
Anonymous
Post 11/25/2013 16:32     Subject: Nanny Questioning Contract Terms--Two Months After Signing

OP again--she has about 6 years of experience, one year as an au pair and 5 years as a nanny. There was a 30-day trial written into the contract. At the end, each family had a conversation with her regarding the specific child, and then a collective conversation in which there were no concerns mentioned.
Anonymous
Post 11/25/2013 16:09     Subject: Nanny Questioning Contract Terms--Two Months After Signing

Okay I don't know where posters are getting that you're overpaying, as you said nothing about your nanny's qualifications. Share rates typically range from $16/hour-$22/hour, so you're right in the middle of the range. I also think its weird that you want to pay a different amount for holidays/sick days/vacation days, etc. That is not typical (I certainly wouldn't agree to it. It basically equates to losing money when you use a sick/vacation day), and perhaps she genuinely misunderstood.

All of that being said, she signed the contract and she should deal with it for at least 6 months before renegotiating. Do you have a trial period written into the contract? Maybe she thinks this is still in the realm of a trial/adjustment period?
Anonymous
Post 11/25/2013 15:15     Subject: Nanny Questioning Contract Terms--Two Months After Signing

You should then clarify that she will get paid 40 hours a week guaranteed and then put in there that over time is not guaranteed. If she is expecting that extra $150 a week, then I could see why she would get upset that she isn't getting it for the days off.
Anonymous
Post 11/25/2013 15:06     Subject: Nanny Questioning Contract Terms--Two Months After Signing

OP here--thank you, everyone, for your insights. There is no mention of a guaranteed number of hours each week. It is clearly stated that she is not paid overtime for the 80 hours of vacation, but not for Federal Holidays or sick days, which should be clarified.
Anonymous
Post 11/25/2013 14:53     Subject: Nanny Questioning Contract Terms--Two Months After Signing

I would be very explicit with her about the contract she signed. It is very standard for the nanny to be able to take one week of her choosing off and the other is one the family decides.
Did you guarantee her 40 or 45 hours of work each week? If 40, with the possible of five hours of overtime each week, then she doesn't have a leg to stand on. However, if you guaranteed her 45 hours each week, I could see why she would want her overtime on the days she has off. If it isn't clear in the contract, clarify it before you move on.


But at two months, this is sort of crappy to start saying she is not happy with the contract she signed. If she can't suck it up for a year and then renegotiate and keeps whining, then it is time to start looking for someone new.
Anonymous
Post 11/25/2013 14:53     Subject: Nanny Questioning Contract Terms--Two Months After Signing

I agree w/ the other posters. I would be inclined to tell her that you are offering a very competitive package, and that you were very clear with her about the terms when she accepted the position. If she is unhappy with the terms she should not have accepted the job but you are standing firm with the package she accepted.

In the meantime I would talk with the other family about looking for another nanny. I would treat these requests from your current nanny as a significant red flag and I would expect further hassles and want to prepare myself accordingly.

Bummer. Good luck!
Anonymous
Post 11/25/2013 14:53     Subject: Nanny Questioning Contract Terms--Two Months After Signing

Agree with 14:03 that you are overpaying. I would tell her very gently that these are the terms she agreed to, they are both fair and legal, but if she does not like them she IS welcome to give the notice she agreed to in the contract and find another position.

You will have trouble with this woman, so it's actually best for you to cut your losses and move on now.
Anonymous
Post 11/25/2013 14:48     Subject: Nanny Questioning Contract Terms--Two Months After Signing

OP, that really stinks. You are offering an excellent package. I don't understand why she thinks she should get overtime if she is off on a holiday? You only get overtime when you actually WORK more than 40 hours in a week. I don't get that one at all.

I do get that it would be difficult to go through an entire year with only 5 days of your choosing off. That said, you also have her with 5 sick days, so technically (assuming she can use the sick days for doctors appoints), that should be completely fine.

I don't think you need to yield on either of them. But if you really really like her otherwise, maybe give her a few more vacation days of her choosing? Beyond that, I can't see what you could give her that would make her happy.
Anonymous
Post 11/25/2013 14:03     Subject: Re:Nanny Questioning Contract Terms--Two Months After Signing

First you are substantially overpaying for a 2 baby share in Rockville. You haven't hired a top end nanny at all. You've hired a nanny that probably couldn't find $12 an hour average who thinks she landed the jack pot. She's now trying to get as much out of you as possible. Its only been two months, I would suggest revisiting your other candidates and starting the search again. Someone who does this two months in is just going to get worse, For what you are paying, you could be hiring Mary Poppins.
Anonymous
Post 11/25/2013 13:56     Subject: Nanny Questioning Contract Terms--Two Months After Signing

We are almost two months into our nanny share and after some adjustments, things are going very well. Recently, our nanny began questioning a number of items that are very explicit in the contract that she was provided well in advance of needing to sign (3 weeks). She is caring for two babies, 45 hours a week ($20/hour for 40 of those hours and $30/hour for the additional five overtime hours), receives 10 vacation days (5 chosen by the families, 5 of her choice), 5 sick days and 10 Federal Holidays; no overtime for these days. Both families did extensive research to ensure that we were providing her a worthwhile package (we are located in Rockville).

However, she is just now telling us that she has an issue with no overtime being paid for the days she is off, and that she is concerned about being able to choose just 5 of the vacation days. With two families, we felt that it was important to coordinate time off to ensure fairness to all parties and we chose Christmas Eve through New Years Day, especially since it gave her two extra days with the two Federal Holidays, and consulted with her before finalizing. Both of these points were very clear in the contract, which leads me to believe she didn't full read the contract, as she was asked multiple times if she had any questions and if everything made sense.

I'm not really sure where to go from here. Thoughts on how to respond?