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  #21  
Old 22.06.2015, 14:39
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Re: Nanny's salary during family vacation

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She has ZERO days vacation left.
But we prefer to be amicable, so we can be flexible and allow another 5 days in September.

I was looking for options:-
Thinking outside the box,
Win-win solutions, etc.
--
Lawyer /contract solutions/termination of contract are not valid options.
So pay her while you are away and any other holiday she wants to take is unpaid leave. And ensure going forward that there is a papertrail of holiday requests.
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  #22  
Old 22.06.2015, 14:41
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Re: Nanny's salary during family vacation

So in summary, your options:
- Sack her.
- Pay her during your holiday.
- Get into an amiable agreement (unpaid free time, overtime reduction plus some paid time where she can do some work. Ex. Who takes care of plants, animals, post etc.?)
- Pay for her rebooking.
- Let her join in your travels.


Non options:
- Unpaid overtime w/o her consent.
- Pre-fact overtime reduction.

PS: How many hours a week is she working at your place?
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  #23  
Old 22.06.2015, 15:17
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Re: Nanny's salary during family vacation

Take her on holiday with you and she can work a bit, child minding etc
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  #24  
Old 22.06.2015, 15:18
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Re: Nanny's salary during family vacation

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So pay her while you are away and any other holiday she wants to take is unpaid leave. And ensure going forward that there is a papertrail of holiday requests.
Problem is, giving her extra holidays as unpaid leave just does not work. Finding and paying for, a locum nanny is very difficult, with related trust issues, and costs an absolute fortune- a lot more than a regular nanny.

So the contract has to stipulate that she has to take holidays at the same time as the family- unless there are exceptional circumstances and by early arrangement.
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  #25  
Old 22.06.2015, 15:29
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Re: Nanny's salary during family vacation

Pay her, she probably does`t earn much anyway.
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  #26  
Old 22.06.2015, 15:33
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Re: Nanny's salary during family vacation

If she is a UK qualified nanny- about the same salary as a primary school teacher + car!
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  #27  
Old 22.06.2015, 15:37
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Re: Nanny's salary during family vacation

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She has ZERO days vacation left.
But we prefer to be amicable, so we can be flexible and allow another 5 days in September.

I was looking for options:-
Thinking outside the box,
Win-win solutions, etc.
--
Lawyer /contract solutions/termination of contract are not valid options.
Ok right so you want thinking outside the box? But are in fact potentially putting yourself in a "legally" risky position. If you want to negotiate with her to get "your will", which your OP certainly implied, then it actually makes sense to know what the law is. Otherwise you could find yourself with a Nanny sueing you..

Secondly, I need to draw to your attention that there is clearly some inconsistancy. First you state she has taken 4 weeks of holidays and has no holiday days left. Now, as Mathnut rightly pointed out, an employee working as a nanny (among a bunch of similar jobs) actually has a legal minimum of 5 weeks owed to them. So, it is not possible that she has no holiday left unless you say that by this date (i.e. 6 months into the year) she has already taken 5 weeks of holidays..

From what I understand your problem is as follows:
Nanny has used up all her holiday days (according to you)
Now you are going away for 2 weeks (or 10 days but I assume you mean 10 working days) and therefore in that time period have to use of the nanny's services.
You don't want to pay for her to twiddle her thumbs while you are on holiday.
Nanny wants to take more holiday

Multiple people have told you that you will have to pay. Many have also pointed out that planning the holidays has to be done in advance and that in essence, YOU have to approve when Nanny takes her holiday. Some have suggested you ask her to take her "extra" holiday while you are away.

You have not liked any response. What would you like us to do? Invent a time machine to the beginning of the year or the end of last year so that you can ensure Nanny doesn't use up her holiday days?

In short you have 2 choices. Do not approve the "extra" holiday in September but offer her the two weeks you are away off instead. OR Pay her while you are away and let her take her holiday in September as well.

Anything else could end up costing you more if Nanny takes you to court.
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*Above information is rudimentary and basic. Legal outcomes vary on individual circumstances. No liability for the content assumed.
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  #28  
Old 22.06.2015, 15:44
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Re: Nanny's salary during family vacation

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This trip was booked 16th April.
No it wasn't a mistake.

This isn't a fight.
It's about finding a solution.
Take her on holiday with you, then she can look after your kid when your on holiday, or do you just wish to save money at her expense?
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  #29  
Old 22.06.2015, 16:45
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Re: Nanny's salary during family vacation

Just checked holiday entitllement for a nanny. It is 5 weeks if she is under 20, or over 50- so 4 weeks otherwise. Sorry, in French from official Vaud site:
Employée de maison avec formation spécifique (CFC...) et expérience professionnelle:
salaire minimum brut de CHF 22.40 de l'heure
Attention, ce salaire ne concerne pas les personnes en formation ou en stage (jeunes au-pair), les «baby-sitters» mineurs ainsi que les proches et les partenaires, les employés de maison dans les ménages agricoles.
A celà, il faut rajouter, pour un salaire horaire:
- 10.64%: droit aux 5 semaines de vacances pour les moins de 20 ans et les plus de 50 ans.
- 8.33%: droit aux 4 semaines de vacances pour les autres employés.
=>Salaire mensuel pour un temps plein: entre CHF 3'800.- et CHF 4'800.- brut
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  #30  
Old 22.06.2015, 16:46
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Re: Nanny's salary during family vacation

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Take her on holiday with you and she can work a bit, child minding etc
Normally, that's what we do- go together.
This time my sister-in-law is coming so there
are no free bedrooms.
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  #31  
Old 22.06.2015, 16:51
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Re: Nanny's salary during family vacation

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Normally, that's what we do- go together.
This time my sister-in-law is coming so there
are no free bedrooms.
They can bunk in together - just remember the spy-cams
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  #32  
Old 22.06.2015, 16:53
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Re: Nanny's salary during family vacation

(RE Holiday entitlement - it's cantonal and there are variations so double check the NAV for your own canton)
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  #33  
Old 22.06.2015, 17:12
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Re: Nanny's salary during family vacation

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Normally, that's what we do- go together.
This time my sister-in-law is coming so there
are no free bedrooms.
Get SIL to pay for the Nanny? After all it is her fault that Nanny can't come...
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  #34  
Old 22.06.2015, 17:14
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Re: Nanny's salary during family vacation

Ok, I think this thread is not going much further.
Many thanks for all the helpful comments.
--
I was hoping to learn from similar experiences, but it's ok.
I feel sure we can come to some agreement with our wonderful nanny.

As for the legal aspects, I will be sure to look into them.
She's only been with us for 2 years full time, so we still have a lot of
learning to do.
You know how it is.
Maybe I can twist her arm into working for us for free, as a volunteer?
Or better still ask her to pay for the time she spends with our kids..
Call it "educational work practice"
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  #35  
Old 22.06.2015, 17:18
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Re: Nanny's salary during family vacation

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Normally, that's what we do- go together.
This time my sister-in-law is coming so there
are no free bedrooms.
Threesome.....? I hear it's gaining in popularity again
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  #36  
Old 22.06.2015, 18:32
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Re: Nanny's salary during family vacation

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I was hoping to learn from similar experiences, but it's ok.
I feel sure we can come to some agreement with our wonderful nanny.


She's only been with us for 2 years full time, so we still have a lot of
learning to do.
You know how it is.
Maybe I can twist her arm into working for us for free, as a volunteer?
Or better still ask her to pay for the time she spends with our kids..
Call it "educational work practice"
Maybe you could let her read this. Then she won't want to work for you any more.
Problem solved.
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  #37  
Old 22.06.2015, 19:06
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Re: Nanny's salary during family vacation

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Maybe I can twist her arm into working for us for free, as a volunteer?
Or better still ask her to pay for the time she spends with our kids..
Call it "educational work practice"
Wow and she's been working for you for two years? She must be tough. Or desperate for work.
You seem to think she's great and now you're trying to GET money from her? So she can work FOR you? Say what?!

The reason this thread is not 'going much further' is because despite all the helpful (and correct) replies you have recieved, all you're interested in is ripping off your nanny because you weren't capable of planning correctly.
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  #38  
Old 22.06.2015, 19:45
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Re: Nanny's salary during family vacation

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Please note:she is a great nanny-
we have no intention of sacking her!!
We intend to keep her
.
--
The 4 weeks vacation have already passed. She has used them all.
But she is also planning 1 week in September !

I was hoping to exchange her September vacation for ours?

Our contract is not clear at all.
Based on this post, there is only one reasonable option, pay her while you are away. To avoid the same situation again after the contract is renewed, make sure it is clear Get someone to help you with next year's contract if necessary? So you have to pay for a service you're not using for two weeks, it's not so bad, don't we all do that anyway? We don't stop paying rent while we're out of our homes for half the month do we? win some lose some... sounds like you're winning anyway having a nanny who is great. Great childcare is priceless! Enjoy your vacation
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  #39  
Old 22.06.2015, 21:09
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Re: Nanny's salary during family vacation

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Maybe you could let her read this. Then she won't want to work for you any more.
Problem solved.
Tom,
I showed it to her.
She laughed, and said:-
"You need to get a life"
Her words, not mine.
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  #40  
Old 22.06.2015, 21:35
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Re: Nanny's salary during family vacation

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Tom,
I showed it to her.
She laughed, and said:-
"You need to get a life"
Her words, not mine.
Don't pay her then. See if she's still laughing.
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