In the most recent Ask the Expert column from our February 2007 newsletter, I respond to a client who asks whether she should have to pay her nanny for the days of work she missed due to the recent ice storm here in Austin (as well as in many other parts of the state). In the column I focus on options that she, and many of you, have in addressing that particular situation. But her question--and the many similar questions we received over the course of those storm days--forced all of us at MBF to begin thinking about agreements you can make to ensure that you choose the fairest possible course with your nanny during future interruptions to her service. Those of you who have read this blog in the past know that I am a strong advocate for planning ahead and taking deliberate proactive measures for the best possible result in all foreseeable, and unforeseen, circumstances. With that in mind, then, let's now explore what to do beforehand in case of similarly unforeseen interruptions.

First off, let's broaden the discussion. In addition to winter storm days, there may be other occasions, aside from sick days, where your nanny will be unable to report to work due to matters beyond her control. (In the case of the ice days, the cancellation of schools, even after road conditions cleared up, made it so that some nannies had to care for their own children and therefore could not come to work). These situations include, but are certainly not limited to, jury duty, a death in the family, etc. They may cause interruptions to her service lasting anywhere from a few hours to several days, or even weeks in the case of jury duty. And while it may seem sensible at first to group these with regular sick days, doing this requires your nanny to essentially pay for the days she missed and drain her reserve of sick time, even though she's only responding to unavoidable circumstances--like being compelled to perform her civic duty, in the case of jury duty--like anyone else in her situation. As a result, many nannies are reluctant to forfeit their sick days. They're likewise reluctant to take a dock in pay, which may also seem a reasonable solution at first.

The best course of action, then, short of paying your nanny in full for the days she missed (a very generous option for unforeseen situations such as the storm days but a lopsided policy to follow in all future circumstances), is to agree with her on some equitable trade-offs for time spent with your children in order to avoid an interruption in her pay. The good news is that with some planning you and your nanny can decide in advance on services she can perform for you while she is away from your home (this means you will not have to schedule make-up time, a possible challenge when you employ a full-time nanny). These services could be anything from researching summer camps for your kids (a huge special project that she can do anywhere with Internet access!) to updating baby books, scrapbooking, or developing an individualized goals list for each of your children. The important thing is that, whatever trade-off you choose, you and your nanny must agree it is a reasonable use of the time that she will miss. And nannies: Your families will no doubt be very impressed if you take the initiative to suggest taking on special projects for them when these situations arise--a great way to represent yourself to your employer as the responsible, thoughtful and hard-working caregiver you really are!

The key is communicating about all possible circumstances in advance so you and your nanny will both be prepared and feel that you are both receiving the fairest possible terms in the situation. At MBF, we are always asking ourselves on your behalf, "What do I do if this happens?" We strongly believe in giving you all the tools you need to begin these discussions. Our exhaustive employment agreement addresses most every situation imaginable, and we have now amended this agreement to include ice days so these circumstances may be considered and planned for in the future.

Kathy Dupuy
President, MBF Agency

Labels: employee manual, employer issues, work interruptions