Nannies and Maternity Leave

In a June 2012 article entitled My Nanny’s Pregnant and I’m Far From Happy, Katie Hopkins, a British contestant on the UK version of The Apprentice, described her feelings as it related to her beloved nanny’s announcement that she was pregnant. They were not good.

While her concerns about keeping her schedule, her children’s routine, and her childcare budget in check are certainly valid ones, at the core of her thoughts seemed to lie the sentiment that her nanny should be taking care of her kids and not her own.

While many nannies dedicate themselves solely to the care of others’ children, many nannies opt to go on to have families of their own as well. Considering they’ve dedicated their lives to helping raise other people’s children, this seems like a natural progression.

But for women who employ a nanny, the employee’s pregnancy can be problematic. In fact, it can be problematic for the nanny too, since mandated federal requirements for maternity leave only apply to employers with more than 50 employees, criteria which most household employers do not meet.

Although many other countries have laws that protect all pregnant workers, in the United States that isn’t the case. While some state labor laws protect nannies, the Pregnancy Discrimination Act only applies to employers with 15 or more employees.

So when it comes to nannies and maternity leave in the United States, it’s up to nannies and their employers to come to their own resolution.

For nannies who are of childbearing years, securing disability insurance is essential. When nannies are unable to work due to a non-occupational illness or injury, including pregnancy, they are eligible to collect disability benefits for maternity leave. For nanny employers who wish to allow their nanny maternity leave, having a nanny who gets disability benefits may financially allow them to hire a replacement caregiver for the duration of their nanny’s maternity leave.

While being paid on the books is the only legal way to be paid, many nannies and employers still opt to enter into an illicit relationship. Since the amount of disability or unemployment benefits are dependent on compensation, if a nanny’s salary is underreported, her benefits will be based on the underreported salary. Once a nanny learns this, if she opts to claim her entire salary, it will trigger a red flag because the stated income the nanny provides and the tax records do not match.

In addition, if a nanny finds herself terminated without reason and she hasn’t been paid legally, she may not be able to secure unemployment benefits. If she files for benefits and has been being paid illegally, the authorities will take note and the result could be back taxes and penalties, for both the nanny and employer.

If a nanny and employer wish to continue their working arrangement, it’s important that the new arrangement be clear. If the employer will allow the nanny to bring her child to work with her, there will have to be new boundaries established. The nanny and employer will need to discuss logistics, expectations, and concerns, as well as consider and solve any anticipated problems, like what to do when one of the children is sick, prior to committing to the new arrangement.

Having a written agreement that includes the provision of a trial period and keeping the lines of communication open can help both parents and nannies transition into their new arrangement.

While allowing a nanny to take a significant amount of time off for maternity leave or allowing a nanny to bring her child to work with her may not be feasible for some families, for others, finding a way to make the relationship work takes precedence over logistics.

For families who have a nanny who becomes pregnant and both the nanny and family wish to continue their working relationship, with a little planning, preparation and patience, a mutually satisfying situation can usually be worked out.

Taken From 4 Nannies