Nanny wants maternity pay

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Sloaney Pony
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Nanny wants maternity pay

Postby Sloaney Pony » Sat Aug 04, 2018 7:04 pm

I was wondering whether the great and good of Nappy Valley might be able to help my daughter and I out.

My daughter gave me a beautiful son two years ago. She went back to work this March just gone, and hired a full time Nanny. The nanny is very good indeed. However, she has just informed my daughter that she is pregnant herself and will go on maternity leave in a September.

She is demanding 6 months maternity pay and that my daughter keep her job open for one whole year until she comes back.

Is this correct?

We have the hassle of finding another nanny and if the first nanny is right, we could be paying two sets of pay for a whole year.

Any advice would be gratefully received.

Sloaney.
sid_seal
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Re: Nanny wants maternity pay

Postby sid_seal » Sat Aug 04, 2018 7:59 pm

Hi,

If she got pregnant after she started employment with your daughter she is indeed entitled to maternity pay, although not at the rate you mention. This article is pretty comprehensive:
https://www.payefornannies.co.uk/statut ... y-nannies/

The key thing is that your daughter will be able to recover the maternity pay (although she will have to pay it up front). When I was in the same position they were pretty quick to refund me.

She is also entitled to return to THE SAME job within a year - i.e., she cannot demand, for example, to bring her child with her, unless agreed with your daughter.

Bottom line, your daughter will have to employ a maternity cover nanny, which I know is stressful and worrying if her child then gets attached to her, but there is no way around it.

If you are not using a payroll agency I would recommend using one to help you navigate through the minefield of SMP calculations and claim, maternity cover contract, etc.

Good luck - it’s stressful, but there’s plenty of lovely nannies out there who will do an excellent job as maternity covers and may still be around in the future for emergencies!
tooposhtopush
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Re: Nanny wants maternity pay

Postby tooposhtopush » Sat Aug 04, 2018 8:51 pm

Yes - she needs paying and it's her legal right.

But as the above poster says - it shouldn't cost you much.

 
Beancounter
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Re: Nanny wants maternity pay

Postby Beancounter » Mon Aug 06, 2018 6:53 am

But do make sure she realises that she can’t bring her child with her without your agreement, and there’s always the possibility that she’ll pay more attention to her own child than to yours.
Daenarys
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Re: Nanny wants maternity pay

Postby Daenarys » Mon Aug 06, 2018 7:20 am

If she only started working for your daughter in March then she isn’t entitled to anything. In order to qualify for SMP she’d have to have been employed for 26 weeks (6 months) before the notification date, which is 15 weeks before the baby’s due date. That would put her due date in January 2019 at the earliest. If she’s going on maternity leave in September her due date is clearly earlier than that so she’s trying to pull a fast one.
Daenarys
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Re: Nanny wants maternity pay

Postby Daenarys » Mon Aug 06, 2018 7:35 am

Correction: if she started work on 1st March she’d be entitled to SMP if she’s due on 15th December or later. Sounds unlikely if she’s going on maternity leave in September, although technically possible, I suppose. I’d be suspicious that she was already pregnant when she started.
I have a friend whose daughter had to provide proof of her due date to her new employer (she gave them her dating scan - not a nanny though). Don’t know if you’re allowed to request this though!
Goldhawk
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Re: Nanny wants maternity pay

Postby Goldhawk » Mon Aug 06, 2018 8:08 am

The HMRC guide is helpful https://www.gov.uk/employers-maternity-pay-leave

The nanny needs to give the employer her MATB1 certificate which provides proof of her due date

 
cyprus19
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Re: Nanny wants maternity pay

Postby cyprus19 » Mon Aug 06, 2018 9:56 am

I had someone working for me who was pregnant when they started. The maternity pay situation is different but the job protection isn't ie they are entitled to the same job 1 year later. The other thing to remember is you also still have to pay the pension still.

Our payroll company was really helpful with this so talk with them. If you don't use one now it's really worth it as you will still have to do the hmrc etc while she is on maternity leave.
KiwiAmanda
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Re: Nanny wants maternity pay

Postby KiwiAmanda » Mon Aug 06, 2018 10:41 am

“My daughter gave me a beautiful son“

What the?!??! I suggest you’ve bigger problems than a knocked up nanny Sloaney
RumourMill
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Re: Nanny wants maternity pay

Postby RumourMill » Mon Aug 06, 2018 2:26 pm

It's her legal right - but shouldn't cost you much.
ToucanJuice
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Re: Nanny wants maternity pay

Postby ToucanJuice » Mon Aug 06, 2018 4:01 pm

She is legally entitled to mat leave and pay. We had a similar experience, although about 4 years ago now. The state covers SMP for small employers (incl. employers of nannies) - they sent us a single cheque upfront so we weren't out of pocket at all, but we still had to manage the payslips etc. You are however liable for pension payments, and your nanny will continue to accrue holiday while she is on mat leave so you will have to pay that at the full rate (usually taken at the end of the period of maternity leave). For a year of mat leave this is equal to four weeks or so of full pay, so can be quite a financial burden as you will potentially be paying two nanny salaries for that period. 

If she doesn't quality for SMP she will still receive Maternity Allowance - I am not sure how that is administered. 

You are entitled to demand that her return to work is on the same contractual basis as before - i.e. same hours and conditions, so not bringing her child to work.