Negotiating with Nanny/Housekeeper, Part II --Pay for Days Off?
Updated on
June 08, 2010
W.S.
asks from
Pasadena, CA
40
answers
For those of you who have a nanny or housekeeper to help you with your home and family, or for those of you who are nannies or housekeepers, is it standard practice to pay for those days that you don't need the helper? This issue came up with Memorial Day. Since my hubby will be home and we'll be out most of the day at parties anyway, I told my nanny that I won't be needing her that day and she could spend the day off with her family. My part-time nanny is asking me to pay her for the days I don't need her. She works M and F (not M thru F) 10-6 and then she cleans my house every other Thursday. I looked over a calendar and I'd end up paying her for about 12 days/yr. My nanny does work for another family on Tu and Wed afternoons and every other Thurs. I could understand if she (or I) was a full-time employee, but as a part time worker myself, I don't even get paid to work the days my office is closed (nor do I get benefits)! My nanny stated that her past families paid her for days off. I offered to let her make up the hours on other days. Yes, I have had issues with her (if you've seen my other posts), but she's been very receptive.
I was a nanny/house keeper for a family for over 12 years and I was paid on any of the days that they did not need me, since I had a regular schedual with them, If I asked for a particular say off I was not paid for it. I was "inconveniencing" them. I rarely asked for days off since I knew my schedual in advance for the year and made appointments with days off. So yes pay if she has a regular schedual if she is only every once in awhile or pt she should not be paid.
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A.C.
answers from
Oklahoma City
on
I was a nanny for 11 years and the way every family I worked for did it was if I took a day off I didn't get paid but if they gave me a day off then I did get paid since I counted on that money to pay my own bills! This was the way THEY set it up and I think it is only fair. I also got paid if they went on vacation even for a week although I TRIED to plan MY vacation at the same time! The more you take care of her the better she'll take care of you guys! :o)
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L.M.
answers from
Providence
on
I dont have a nanny but I do use part time day care and have to pay when she closes for her vacation so I thinl that is somewhat similar.I dont think its quite fair but it seems to be that way with everyone.
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H.H.
answers from
Killeen
on
It really depends if you have it in her contract. You rally can't just tell her "we don't need you" especially becasue she is counting on the money. How do you pay her, weekly or daily? Do you pay her hourly or just a flat rate for the day? When I was a Nanny, I was paid weekly- weather or not they needed me everyday or not. I worked for 2 families (they were friends), one for 2 day and the other for 3. They always paid me for any day that they took off- holiday, sick day or just a day off. If I requested a holiday or a sick day off, then I was not paid for it.
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R.C.
answers from
Sacramento
on
It all depends on what you worked out ahead of time. I have a part-time nanny because I work two days a week. I told her, "on days I don't work, you don't work," before I even hired her. There are things you have to negotiate before she works even one hour for you! Otherwise you run into problems.
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M.K.
answers from
St. Louis
on
If she has a regular schedule with you and your family, then you should pay her. Remember that she is trying to make ends meet as well and that you are the one changing the rules this time. If she works for another family also (and who knows what else is on her plate in the rest of her life, socially or otherwise), then how do expect her to make the time up later? I don't think it's appropriate for you to expect her to change her schedule down the road because you want to stiff her now. She would be there on Monday if you needed her; why not give the woman a break and have a little heart? Someone else suggested paying her for half the day; that's definitely not a bad idea, either! I just don't feel she should be punished for you not needing her on a holiday!
If, however, she doesn't have a set schedule with your family (which is not the impression I have from your post, nor is that usually the case with nannies or housekeepers), then no, she shouldn't get "holiday pay" just for the heck of it.
In any case, this is a sticky situation... best of luck.
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D.F.
answers from
Boston
on
If she was hired to work specific days. 10-6 and your taking a day away from her. That is not her fault. She is counting on that money and should be paid.
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L.M.
answers from
New York
on
I think if it's a normal working day and you don't need her, you should give her some type of compensation. It's always a good idea to have all these things planned/negotiated before the situation arises.
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R.J.
answers from
Seattle
on
It's a contract thing.
If you list out the days she won't be paid in her contract (and therefore won't be working) then it's common not to pay those days.
If you DON'T list out those days, then any time you tell her to take the day off, you pay her for it.
Ditto... if YOU go on vacation, if you don't specify that you won't be paying her for those days in your contract, then you pay her. It's also customary to give 1-2 weeks paid vacation. So worst case scenario... you're paying for 4 weeks vacation a year. Most nannies will try and arrange their vacation to coincide... but it's a "nice" thing to do, not a required thing.
As a part time worker I DID get paid for national holidays that the office wasn't open. I only got paid for the days I actually would have worked. So xmas break I got paid for my 32 hour week. While my colleague got paid for her 40 hour week. Then I switched from the office to the hospital, and got 0 "extra" paid days off... because the durn hospital was open 24/7/365. ;) I still got PTO, of course. Just no "free" PTO. But it's all contractual. My DH worked for mormans for awhile and got the most holidays off we've ever come across!!! Which was fantastic. The the next job he chose he didn't even get Xmas off. It's ALL about the contract. And the contract is all about how much you want to keep your employees (and yourself) happy.
Just as an example... restaurant workers ALWAYS get the shaft. It's part of why there's such high turnover. BUT there's this one restaurant I used to have a friend at that keeps their servers & staff for decades. ((It is SO hard to get a job there)). They treat all of their staff like kings. 30 days pto, every year (just like the military), 6 months paid maternity/paternity leave, a LIVING wage on top of their tips, full medical/dental/vision, and... wait for it... the staff gets 10% of the profits split amongst them equally. This high end restaurant has been around for 50 years. And the staff just STAYS. It's a real highlight as to how to retain employees. Treat them HOW YOU YOURSELF would want to be treated.
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J.M.
answers from
Boston
on
Does she work Monday through Friday or Monday and Friday? It's just a little hard to tell from your post. If it's the first, then you should pay her. If it's Monday and Friday, I would offer to split the difference - pay her for 6 of the days. When I was a nanny, the deal was that if the employer gave me the day off I got paid, if I took the day off I didn't. And, although it doesn't really matter now, I would negotiate this type of thing in advance next time. Good luck.
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M.T.
answers from
Dallas
on
Since its a set schedule you should pay her. She's available to you & does not plan things for mon & fri because she works for you. Keep her really happy if you like the work she does and trust her otherwise you might lose her. I provide childcare and I have a set rate for full or part time that is paid to me even if they don't come that day. I've had people try to get around it but most understand that is how it works. If I allowed such they would constantly find ways to avoid using my service & they would benefit from the savings while I would not have the opportunity to seek other income since I designated the time to be available for them. I also provide hourly care as an option for those needing occasional help. I allow them to cancel with or without notice and no charge. The hourly rate comes out to be more expensive and if I'm already booked I might not be available. At least this way my clients can choose the best option for them. She has to know how much she will earn so she can budget her finances. Maybe you can make up your own pre-set terms of agreement with her & put that in writing. perhaps pay half-pay for cancelling her? Has she ever left you hanging on M or F? Is it a good working relationship worth holding onto? Are your kids very happy with her? Just some things to consider & my humble opinion. I haven't seen your other posts but might check it out since its a subject of particular interest to me.
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D.W.
answers from
Norfolk
on
as ive heard this isnt rare. sitters now want pay even if they have a day off of no fault of their own or yours. i think that should have been established by you BOTH at the start of your business relationship. it doesnt sound fair but ive heard it before.
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S.K.
answers from
Kansas City
on
If you are collecting taxes and paying them to the appropriate entities, and if you give her a schedule that includes all the days she will have off without pay for several months in advance so that she can look for another way to make up for that money, then I say no, don't pay for that day. BUT, if you expect her to claim this income herself, like she's contract for labor, and you are just springing this loss of pay on her all the sudden like, then you need to pay her because contract for labor situations put the contractor in the drivers seat AND, it's only right to not take pay from her that she can't make up for. You could pay her this time, and then discuss the rest of the year and give her fair warning that you won't pay her for future holidays because you don't get paid for them. BUT, if you do that, don't expect her to be available for you last minute or for any future holidays.
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B.C.
answers from
Dallas
on
Housekeeper, no. Nanny, yes. At least pay her for a 1/2 day. Nannies really don't make much money and she would be there if you needed her to be, so I'd say pay her. If she takes a day off that she asks for, then no pay, but if you decide the day off, that's not her fault. Just my 2 cents.
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J.G.
answers from
New York
on
Although my nanny is full time, if I don't need her, I still pay her. It's not her fault that I don't need her & she counts on that $$ to pay her bills. You couldn't do that at a daycare. You pay if your kids are there or not. I think the best way to make a decision is to ask yourself how you would like to be treated in that situation and act accordingly. You can't go wrong.
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P.K.
answers from
Las Vegas
on
I responded last time too. Her other family must have been the best family ever to work for. Before it's all over she will be asking for stuff all the time. The housekeeper who answered below is right. Our employees know they will have the holidays off. If I ask them to work I'll actually offer to pay a bit more since I am asking them to work instead of spending time with family. As long as you say yes she's going to keep asking. I had a housekeeper who's car was falling apart. They had a family gettogether and couldn't use their car. I was going out of town so I wasn't going to use my car. She asked if they could use it for their trip. I am a sissy and I said yes. My husband was ticked off and I felt bad because I knew I should have said no but was too soft. She returned my car before I came back in town...wrecked! They had hit a deer and the whole front end of my car was screwed up. It must have been a really big deer! They had no insurance or at least said so. She had told me she was insured in any vehicle but whatever. I flied in on my insurance because she couldn't. I told her my deductible was $500. When it came time to pay up she said that she didn't feel she should pay the deductible since it was my insurance used!!! AAAAA!!! My husband had words with her and we ended up with a check. If it doesn't feel fair to you then don't do it. Your gal sounds like a heck of a salesperson. I wish she worked for me...in my retail store!!
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K.C.
answers from
Dallas
on
If she's part time, then no I wouldn't be paying for days off. Like you said, you work part time yourself and she shouldn't expect it! I never got that kind of thing when I was a nanny/housekeeper (even full time). That's just an extra bonus if the household you work for wants to add it in. Let her make them up. I wish I could get paid for no work :)
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C.C.
answers from
Visalia
on
i answered your other question, im a housekeeper for 11 yrs. next she'll be wanting overtime and vacation pay and health benefits.
i think shes stretching the truth that her other famlies did so, this only happens if they like the nanny and she does a tremedous work with ethics. shes tripping and so are you if you play her little game. as far as i kno about labor law, no 40 hrs a wk, no holiday pay, unless you and her signed a contract stating so. your the boss act like one.
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J.L.
answers from
Los Angeles
on
So for my babysitter if she is taking the day off (like memorial day) because SHE does not want to work (or if she is ill and has to cancel) we do not (have to) pay her. If it is unexpected like she is sick or once her adult son was in a serious car accident I still paid her by choice. If I am giving her the day off it is understood that I am still paying her (like if it is my kids' bday and I decide to spend the day with them. or if my child is ill). That is her income that she counts on so if my kid is sick and she can't watch her and therefore will not be paid it is a financial burden to her.
This being said memorial day is somewhat in the middle in this situation. It doesn't sound like she WANTS the day off. (or she just wants to be paid) Give her the option to take the day off (with or with out pay will be up to you. I don't know how last minute this is so it may be a judgement call) or she can work and of course get paid. With our babysitter she will usually tell us in advance if she is taking a day off for a Hoilday (like this year July 4 is Sunday, so she is also taking off Monday, her choice so she will not charge us. Often she will switch a day for us in this situation so she does not loose income or we will not have to pay her.) Moving forward bust out the calendar and see what days will be like this in the future and let her know in advance. Decide together in advance and maybe write it down so there is no confusion.
I get that you do not want to have to pay for when you do not need her but if it is her living (regardless of whether she works for another family) she most likely plans her budget and bills around her earnings. So plan ahead so you both can be considerate of one another.
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D.B.
answers from
Charlotte
on
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D.F.
answers from
St. Louis
on
Do you claim this on your taxes? If the answer is yes then yes you should pay for those days. Just like you or anyone else who work for companys get pd. for holidays. You said you use her on Mondays if thats her typical work day if you don't need her because your husband will be home thats not her fault, she should be pd for those days. If you go in to work and the boss says go ahead and take the day off don't you still get pd. for that day.
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S.B.
answers from
San Diego
on
You got a lot of good feedback on this! I agree that it is unclear if she works Monday-Friday, or Just Monday & Friday. Also, since she is the one who is watching your children then you need to decide if you want to keep her or not, and if so keep her happy. I feel that if she is putting you on the calendar that she works those days, then you should pay her if you are the one cancelling on those days. If she can't make it those days, then that's her choice and you are under no obligation to pay her.
Good luck!
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H.H.
answers from
Hartford
on
12 days a year is almost like a vacation that most jobs do give, even pt ones so I dont think that is awful. do you have a contract? I think that might help.
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C.W.
answers from
Los Angeles
on
If she only works on Monday and Friday, then no she does not get paid. If she works Mon-Fri, 40 hours a week, then I would pay her, or ask her to make up the time on a Sat. If she wants to get paid then discuss it with her and find out why. Start looking for another nanny immediately. She sound problematic. Nothing worse than leaving your kids with someone you don't trust/like.
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M.B.
answers from
Washington DC
on
I'm a part-time nanny, and I say ABSOLUTELY NOT! She is part time, and that's that! The family I work for HAS paid for a couple days when they had something unforeseen come up, and told me not to come that day- but I never expected it AND I have encouraged them to not pay me on those days- simply because I'm NOT WORKING! LOL! I feel guilty when they do that. It isn't fair to them.
And just so you know, I get no vacation, benefits -nothing. And it SHOULD be that way because I only work 20 hours a week.
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N.D.
answers from
Dothan
on
In my own opinion, Its up to the employer. Demanding paid days off in most regular work enviroments will get you fired or not hired. Out of gratuity, people do pay their nannies/houskeepers for days not needed if the chedule is a consistnt one. However its not entittled to them and you are not bad for saying no. Demanding paid holidays/days off is ludacris and people liek that need to be B Slapped. If you cannot afford it you cannot, dont break the bank for bully nanny. Gratuity is a gift not entitlement! If she needs more cash she can get a another effin job!
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S.H.
answers from
San Antonio
on
There are a couple of things to consider, first of them is labor laws in your area. While living in another country, we did by law have to pay our nanny for national holidays and the like, because it wasn't her fault we didn't need her services. NO ONE could have enforced this law, but we felt that the law was made in fairness to people who have low paying jobs to begin with, so we did it. But she was a full time employee. You make a valid point when you say that you don't get paid for days off. Everyone has the option to look for a job where they feel more appreciated, though, which brings me to my next point:
Do you want her to stick around? I have not read your other posts, but if she quit because of this how would you feel/ cope? If you need her, keep her happy.
Lastly, remember that she is the person who takes care of your kids. You'd be wise to make her feel important and respected. It would be terrible if she was mad and your kids suffered for it or felt it in any way.
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L.L.
answers from
Orlando
on
Most part time employees do not get paid Holidays. I don't know. I'd have a hard time paying a part time nanny/housekeeper for a Holiday when I'm not even getting a paid Holiday. But, I also 2nd some other people that say you need to get a contract written up that spells all this stuff out!
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L.D.
answers from
Los Angeles
on
If I were you, I would have her come and do some extras around the house, since she already knows your house and does housekeeping. Have her do your laundry and ironing, or some of the deep cleaning that only needs to be done once in a while. Baseboards, back of the freezer, sweep out the garage, organize the drawers... There is always something to do. You really should pay her, so use her to help yourself.
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P.A.
answers from
Los Angeles
on
Why would you pay someone for work they do not do?? You don't get paid and most people, unless they are salaried, do not get paid for work they don't do; and she has another job. WOW that's pretty interesting. I would do one of two things: 1. contact the other families that she said paid her for not working and/or 2. tell her that you would be glad to pay her for the days that she doesn't work but now you will have to issue her a pay check with deductions AND you need her SS number. I am sure that she will change her tune. If she decides to leave you there are plenty of people who would be glad to take the job!! I just talked with a friend of mine and they have a nanny 5 days a week just for certain hours and they DON'T pay her when she works somewhere else. That is called double dipping and no one I know gets that! Let us know how things work out. Greed is never a good thing. I work with a child in the school system who is on the spectrum and trust me when the school decided to take forlough days I DON'T GET PAID and the parents haven's said "well you are doing such a good job with our child we will pay you......that's nuts. If my kido is sick I don't get paid, if I take a day off I don't get paid, if it is a holiday I don't get paid. But it is up to you but sometimes when people start asking for things they keep doing it. If you want to keep her maybe pay her for two or three holidays but 12 days seems like a lot. Again I would ask her former employers.
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A.C.
answers from
Los Angeles
on
Don't know if she actually work Mon to Fri or Mon and Fri. But, I paid my nanny six days holidays in a year. I was told by agency (I hired my nanny through agency) that this is common practice in the industry, especially when the day is not her asking day off.
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G.Y.
answers from
San Diego
on
I'm an excellent nanny and do not require to be paid when I am not working. I can see if she was on salary then it would mean she would need to be paid. Right now I am looking for weekday work...###-###-####.
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K.C.
answers from
Barnstable
on
That's a tough one, because she relies on that money. To her, it IS a set paycheck. Hmmmm - what about offering to pay her 1/2 on the 12 days you don't need her?
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A.M.
answers from
San Francisco
on
I know I am late here but she is part time! Part time usually does not get paid vaca or holidays! According to a law I was reading that is completly up to you and if you decide to pay her then thats all good but if you dont then thats your right! I am a full time daycare/toddler teacher and I do not get benifits, holiday pay sick or vaca time! I guess it depends on states and stuff... I wouldnt pay her! That is my opinion. However, I do feel you need to sit down and explain that you do not offer this. If she doesnt like it then you can always find a new nanny :) Good luck!
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J.L.
answers from
San Diego
on
Hi W., You should have a hourly rate or a flat rate. With an hourly rate you pay for the hours that you use her, a flat rate in based on a weekly or bi-weekly salary. As a daycare provider I have a flat rate, it's not based on the attendance of the children, it's based on a slot that belongs to them. If you have a hourly rate, what happens if something comes up and you need her on a day off or for an emergency? I think a flat rate is better for both of you and it's easier for budgeting. J.
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B.T.
answers from
Detroit
on
Yep, you pay her. It's a set schedule, and she relies on that money to help pay her bills. I am paid at my position 52 weeks/year no matter if they use me all 52 or not.
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J.R.
answers from
Los Angeles
on
Like another person commented, it's hard to tell from your post if she works only Monday and Friday, or Monday through Friday. If the previous, then I would think she's not entitled to pay for the day. If the latter, then it seems she would be full time (5 days at 8 hours per day = 40 hours, which in most businesses is full time) and should be paid. Bottom line, though, is that these things should have been worked out prior to the start of the work relationship.
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J.D.
answers from
Reno
on
Ugh . . . I struggle w/ this one, but, no, we don't pay our part-time nanny for holidays. We pay her $15/hr., which I think is on the high end, so hopefully it all "works out."
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M.P.
answers from
Los Angeles
on
I do daycare and I have a contract that states all my paid vacation days and paid holidays and expectations. You should sit down with her and work out an agreement that you both like. If you feel stong about something maybe you need to find someone else and set the rules ahead of time and same for her. Best of luck.
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L.P.
answers from
Boca Raton
on
if she were scheduled to work on friday, and you cancelled then yes i would pay her. that was her schedule monday and friday work days for her. if she asked for friday off then no.