I think the person who said that she should be paid if she has to work beyond her regular hours (regardless of extra time off) had a good point that I had not thought of.

However, it all depends on the situation. Sounds like you are paying her in cash and it sounds like you give her much more than her paid 2 weeks vacation.

I think that you have to think about the kind of person who is mad about this arrangement. Do you think she is generally unhappy or just with this particular situation? I have often made mistakes in not setting the right ground rules/expectations up front. I don't want to be insulting but then I get angry later that they don't see things the way I do.

I think you've learned that you need to be super clear about how pay works. I'd see how her general demeanor is now and perhaps even ask her if she is happy. If she says she is not happy or you sense it, look for someone else.

You should expect to pay for hours she works outside her scheduled hours, unless you agree to switch hours before she works them. Since she didn’t work over 40 hours that week, you aren’t required to pay it as overtime. I do get paid overtime in that situation, but that’s just how my employer does it.

Anonymous wrote:OP: we pay her $20 per hour for one 2 year old child. I do not think that she is underpaid for what her job description.

You asked her to work extra hours then you pay her for the extra time. Why should she work the extra hours just because you were away? This was your choice, not heard. Pay her.

If you are changing hours on her you need to discuss this beforehand. It’s not her fault you went on vacation.
So you need to discuss change of sheceule and payment ahead of time.

Anonymous wrote:I encountered an uncomfortable situation with our nanny of nearly 2 years, and I would appreciate some feedback from experienced parents.

Our nanny works 4.5 days per week: has off Thursday mornings.
A few weeks ago, we went on vacation Saturday through Wednesday. She had off Monday-Wednesday since we were away. This is in addition to her 2 weeks of vacation and countless other days that she gets off during the year when we go away.

I asked her to work the entire day on Thursday (the day after I returned from our trip) so that I could go to some doctor’s appointments.
She seemed annoyed but came as asked.

When I paid her on Friday, it was her usual weekly salary. She counted the money in front of me and asked for the additional pay she was due for working Thursday morning. Not only that: but she wanted overtime.
I was shocked by her demands and could not understand her request when we had given her 3 days off that week. She would not compromise and expected the extra compensation.

I am looking for honest feedback. Is she right in expecting this extra pay when she had paid time off earlier in the week? Or should I have stood my ground and not agreed to pay her?

Thanks!

Since she has Thursday mornings off and you asked her to work then yes, you owed her for that time regardless of why you didn't use her for the other 3 days. She does not have to make up that time to you. What I am not sure about it the overtime. Technically it was time over her hours, but since she didn't work the 3 days I am not sure how that would work. It was bold of her to ask for the over time for sure since she was not working, but not sure if those hours count.

Anonymous wrote:

Anonymous wrote:1. Whether it’s ok to switch hours around in the week really just depends on the norms and expectations you have both set in the relationship. I think it’s a fair ask, but I would probably have framed it as a trade in advance: “We’ll be out of town M-W, so would you mind working all day Thursday instead of all day Wednesday this week?” Just so it’s clear what how you are thinking of it.

2. Legally you only have to pay overtime on hours actually worked. Thus, nanny takes Monday off for vacation and then you ask her to work late Thursday, you pay her for hours, but only pay 1.5x if she has actually worked more than 40 for the week.

Op needs to be consistent with the requirements upon returning from vacation. But, I’m not sure how this works because I work 40 hours and it’s guaranteed. Say nanny works 50 hrs per week and has guaranteed hours. Is that 40 or 50 hours when they don’t use her? Is she not going to get overtime on a week you go on vacation because she did not “physically” work or does she still get paid in full? Serious question.

Legally, yes, if you usually work 50 hours per week and actually work 40 one week, due to vacation time, guaranteed hours, holiday, whatever, you are not owed overtime. Practically, we don’t, and it seems really petty to actually drop someone’s paycheck below the usual level. I do agree, though, that when it comes to paying extra, beyond the usual paycheck, strictly folllowing OT law is reasonable. But that’s just a judgment call.

Anonymous wrote:1. Whether it’s ok to switch hours around in the week really just depends on the norms and expectations you have both set in the relationship. I think it’s a fair ask, but I would probably have framed it as a trade in advance: “We’ll be out of town M-W, so would you mind working all day Thursday instead of all day Wednesday this week?” Just so it’s clear what how you are thinking of it.

2. Legally you only have to pay overtime on hours actually worked. Thus, nanny takes Monday off for vacation and then you ask her to work late Thursday, you pay her for hours, but only pay 1.5x if she has actually worked more than 40 for the week.

Op needs to be consistent with the requirements upon returning from vacation. But, I’m not sure how this works because I work 40 hours and it’s guaranteed. Say nanny works 50 hrs per week and has guaranteed hours. Is that 40 or 50 hours when they don’t use her? Is she not going to get overtime on a week you go on vacation because she did not “physically” work or does she still get paid in full? Serious question.

Anonymous wrote:If Thursday’s are her short days, then I can see how she would expect to get paid “extra” for those additional hours. You should be consistent (or give ample notice) with protocol after returning from vacation. So, if you travel M-W then Nanny is required to work a full day Th-F. Or still give her the option to work longer, but she can declined and still get paid her weekly salary as that’s what guaranteed hours mean (you get paid regardless if the family uses your services or not).

Exactly.

She was available m-w. You could asked her to come in and do your kid’s laundry. She could have sorted and sanitized toys. She could have pulled outgrown or damaged clothing for garbage/donation. She could have prepped food for Thursday/Friday. You don’t get to ask for her to switch hours without paying for those hours and giving plenty of notice.

When nannies don’t work at least a part of a weekday every single week, we try to schedule appointments, errands, gym in that time slot. Many of us work 45-60 hours per week, because we cover our employers’ commutes. We know why, it’s part of our job. But when we have a break in our schedule, we make it work.

If Thursday’s are her short days, then I can see how she would expect to get paid “extra” for those additional hours. You should be consistent (or give ample notice) with protocol after returning from vacation. So, if you travel M-W then Nanny is required to work a full day Th-F. Or still give her the option to work longer, but she can declined and still get paid her weekly salary as that’s what guaranteed hours mean (you get paid regardless if the family uses your services or not).

Let me frame it this way for you:

I typically work 40-60 hours per week. I am paid to be available 24/5. When I need to work during that time, I have no problem rescheduling anything I had previously planned in my “off” hours (during the week), because I’m already being paid for it. Any hours that I work on the weekends are paid separately, even if I had a very light week and worked less than 40, because I’m not paid to be available over the weekend. Because I’m a live-in nanny (necessary, due to schedule), I don’t get OT.

Your nanny is presumably live-out. OT rules clearly state that all WORKED hours over 40 are to be paid at time and a half for non-exempt employees (including nannies). If she didn’t work over 40, she wasn’t entitled to OT on the Thursday morning hours. However, you said that she had a set schedule, with Thursday morning off, and guaranteed hours, so Thursday morning should have been paid at the normal hourly rate, in addition to her normal guaranteed pay.

When you guarantee hours, you’re guaranteeing that the nanny will be available during the set schedule. You don’t have to call every week and make sure she has Tuesday free 7-7, because you’re paying her to be available to work those hours. If you expect her to switch schedules during your vacations, it should be written in the contract, that way there’s no miscommunication. If you want extra hours on call, or worse, you expect the nanny to be available for double the worker hours, then you need to pay for that flexibility and availability.

Anonymous wrote:OP: thanks for the feedback thus far. It’s helpful! We do pay our nanny guarantee hours each week, even when we are away. We have never deviated from this.
I do appreciate the majority feedback that we should have been more clear in our communication.
We will be having a 2nd child soon, and will need to renegotiate some aspects of our contract. These suggestions are very timely and helpful.

What do you expect to offer for the added work of the new baby?

Personally I find your Nanny a tad “greedy” for expecting OT pay.
Especially since she did not actual work more than forty hours.

As her employer, her behavior would have definitely been a huge turn-off & I don’t know if I would want someone like her caring for my child if they were so unhappy w/the pay.

Anonymous wrote:Another career nanny here. I would never agree to a guaranteed minimum number of hours. I agree to be available for a specific schedule and to be paid for that specific schedule. If NF were traveling and wanted me to adjust my hours that week with no additional pay, I would agree IF I were given readonable notice (at least 2 weeks) and IF I did not have to cancel or rearrange other plans to meet those hours. I would not expect to be paid overtime.

It sounds to me like you and nanny both failed to communicate in a timely and effective manner. Yes, you shouldnhabe clarified this sooner, but she also could have asked when you told her about the vacation/working on Thursday what you were thinking in terms of pay. If she had plans on Thursday she needed to cancel she could have said no to the schedule change.

Overall, it aounds like she is nit-picking a bit here and not working to clarify and build good communication, which says that she may be unhappy with the job overall. I would take a step back and see if she is getting burnt out and/or resentful. If you need to replace her, better to do it well in advance of a new baby.

MB here. I think the nanny above gave solid advice. We do a regular schedule with guaranteed hours with our nanny, but our nanny would be flexible about allowing us adjust hours on occasion, though I would frame it as a request beforehand. It’s something you want to do sparingly.

Another career nanny here. I would never agree to a guaranteed minimum number of hours. I agree to be available for a specific schedule and to be paid for that specific schedule. If NF were traveling and wanted me to adjust my hours that week with no additional pay, I would agree IF I were given readonable notice (at least 2 weeks) and IF I did not have to cancel or rearrange other plans to meet those hours. I would not expect to be paid overtime.

It sounds to me like you and nanny both failed to communicate in a timely and effective manner. Yes, you shouldnhabe clarified this sooner, but she also could have asked when you told her about the vacation/working on Thursday what you were thinking in terms of pay. If she had plans on Thursday she needed to cancel she could have said no to the schedule change.

Overall, it aounds like she is nit-picking a bit here and not working to clarify and build good communication, which says that she may be unhappy with the job overall. I would take a step back and see if she is getting burnt out and/or resentful. If you need to replace her, better to do it well in advance of a new baby.