Legal Considerations When Hiring a Nanny
For many of us, hiring a nanny to care for your kids is all about a feeling. We all want our child’s caregiver to be warm, loving, and a helpful presence in our homes. But besides making a nanny feel welcome, and a nanny earning parents’ (and kids’) trust, bringing a regular caregiver onboard has many legal implications that should be carefully thought out as you embark on this new relationship together. Here are some of the biggies to think about:
Pay:
Domestic workers are employees. Period. They are entitled to the same legal protections as many of us are as employees in more traditional offices. This means they are entitled to minimum wage and overtime for any hours worked above 40 per week. As the employer/parents, it is your responsibility to pay and deduct taxes, carry workers compensation insurance, and pay into unemployment insurance. I know, I know, that sounds expensive! It sure is. But you know what else is expensive? Penalties, lawyers, and getting busted for not paying enough money if/when G*d forbid the relationship goes sour.
Time off:
Technically, as employers, you are required to offer paid sick leave. Practically, you don’t want your nanny bringing the flu into your home if your child is otherwise healthy. If she does not have to choose between her pay and going to work, you will be in compliance with the law, she will be able to provide for her family, and everyone will generally appreciate each other’s good choices. Hopefully. Everyone be reasonable! Discuss with your nanny the types of conflicts she anticipates – does she have her own children who may need care? Does she know she has a dentist appointment next month? When does she take vacation – is it when you go away or when she wants to go away? Again, for the most part, there is no wrong answer, but the most important thing is to communicate. And, I’d argue – not to be a jerk. Take good care of your nanny! She will take good care of you and your family.
Boundaries:
Whatever expectations you have for what your nanny will do for your family should be clearly discussed and agreed upon. Some nannies will do the child’s dishes but not the adults. Many nannies will wipe up spills of bambas and milk but don’t want to be responsible for keeping your kitchen clean. Maybe that suits your needs. Maybe you want your nanny to tidy up the apartment when the baby sleeps or your child is in a class (they will come back one day, right??) There is no right or wrong here – it is just important to get it all out there on the table. The last thing you want is to get ticked off at your nanny for not doing your laundry when she was never told that was expected of her (or him!).
These broad topics are just small overview of things to consider. Have more questions? Join us for a 30 minute FREE Webinar at 8pm on August 12th where I will discuss more of the nuances of the employer/nanny relationship and answer questions from folks who want to make sure to get it right.
Randi Cohen is mom to 13 month old Jacob and an employment lawyer representing individuals and small businesses. Randi’s firm is known for helping clients achieve their goals while minimizing risk. Some might even say she is fun to work with. More information can be found at www.RandiCohenLaw.com
This Blog entry is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this Blog you understand that there is no attorney client relationship formed and the Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
