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Do I have to give my nanny vacation time?

There are many questions surrounding employing a nanny and vacation allowance.  Kate McGeachin, a Placement Manager at Nannies on Call answers 5 of the most commonly asked questions.

Do I have to allow my nanny to take vacation?

Yes.  Nannies have the same rights as employees in any other industry. Employees are entitled to a minimum of 4% vacation per year (4% is the equivalent to 2 weeks vacation). Most Nannies get anywhere from 2 – 6 weeks paid vacation. 

If my Nanny only works part time, is she entitled to vacation?

As employees, Nannies are entitled to paid vacation whether or not they are full time or part time employees and whether or not they are permanent or temporary.  They are entitled to a minimum of 4% of their gross earnings for the year which is the equivalent to 2 weeks.  

If your Nanny works for you 3 days per week, in this case one week is the equivalent to 3 days (not 5) and therefore your Nanny can take a minimum of 6 days of paid vacation per year (not 10).

Our family is going away for 3 weeks over the summer and 2 weeks at Christmas and we won’t need the Nanny to work.  Do we have to pay our nanny for this time?

Employment Standards does not require you to pay her for hours not worked, but we strongly recommend that you do.  This is the number one complaint we hear from our Nannies.  If the Nanny is willing and able to work, and you can not provide her with work, we feel that she should be paid.  The Nannies rely on a steady income and if they are scrounging to make ends meet at the end of the month, they will be forced to quit and seek a new job that can guarantee a steady paycheque.

Can I decide when my nanny takes her vacation? 

Employers are able to dictate when an employee takes vacation.   However, please remember that things come up in the Nanny’s personal life that are very important to her. You will have a very unhappy Nanny on your hands if she has to miss out on her best friend’s wedding or a family reunion.  As much as possible, allow her to choose her vacation.  If not, you can ask her to take these days as unpaid if you have allotted other times in the year for her vacation. 

My Nanny has asked to take vacation but she has only just started working with us.  What should I do?

If your Nanny has been employed for a short time, she wouldn’t have worked long enough to accrue enough days to cover the amount of days she would like off.  We don’t recommend giving her an advance for her vacation pay.  If she quits or is let go, and if she hasn’t worked long enough to repay her vacation, you are not allowed to deduct it from her final pay. You could either tell her that she isn’t able to take vacation until she has accrued it, or allow her to take as unpaid leave.  

If she has accrued it, we feel that she should be entitled to take it. 

Kate McGeachin has been matching nannies and families for 8 years.  She lives in Vancouver with her husband and her daughter.  When she is not camping, skiing or biking, she is scouring the internet looking for the latest vegetarian gluten free recipes. 

 

 

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