UNDERSTANDING YOUR RIGHTS AS A NANNY.

Mar 17

Nannying is a job built on passion, offering unique opportunities to positively impact young lives. However, beyond the joy of childcare, nannies also have legal rights that are crucial to understand.

Right to legal pay

A common misunderstanding is that if you're hired directly by a family, you should receive a 1099 form as an independent contractor. However, according to IRS Publication 926, if you're paid more than $2,600 in a calendar year, you should be considered a household employee. In this case, your employer should provide you with a W-2 form for tax filing purposes. It's important to know that your employer is responsible for correctly filing and paying federal and state taxes, as well as Social Security and Medicare contributions on your behalf.

You waive your rights when you are paid under the table, so it is in your best interest to first and foremost work for an employer who follows the law.

An employer who follows proper employment laws will:

Follow federal and state tax laws
Follow minimum wage and overtime laws
Follow labor laws
Include workers’ compensation if a policy is required in your state

Although your employer is not required to provide you with benefits, such as health insurance, you should take this into consideration before signing any agreements or beginning work so that you know what is covered or not covered.

Right to Vacation Time and Sick or Personal Days

As a full-time nanny, you should receive paid time off from work. Two weeks of paid vacation is a typical expectation, although you will have to work out with the family if the dates are up to them or at your request.

You also have the right to have holidays or days off for religious observance, but you will again need to discuss these ahead of time with the family. It is normal to have paid sick days, with five being the average for full-time nannies. Again, ideally you should be aware of the number of sick days you have before you sign an agreement with the family.

Right to Pay for Hours Worked and Overtime

As a full-time employee, you have an expected compensation amount in your agreement.

If the family decides to take a vacation and gives you time off, then you should still be paid for this time unless something else has been negotiated upfront with the family.

The same goes if your employer lets you off early during a regular work day. You have the right to be paid in full.

You should expect overtime pay if you work more than 40 hours in a workweek, according to the Fair Labor Standards Act.

Right to be Treated as a Professional

You are a professional when it comes to providing childcare and should also be treated as such by the family you work for.

Just as you would expect to meet the expectations laid out by the family in your agreement with them, you also have the right to expect that the family also meets your expectations of doing what they say they will do. The relationship you have as a caregiver to the family’s children is a two-way street. You should be clear on the family’s expectations from the start so that you can follow through and prioritize your work.

For example, the family should stick to duties that are mainly focused on taking care of their children, not overly focused on housework or cooking. These assigned tasks should be outlined in your handbook, and occasionally may need amending–however, this should be discussed with you first. You have the right to communicate with the family when you feel like duties are piling up or not sticking to those that have to do with the children.

You also have the right to be notified by the family when they will return later than you expected. Your employer should respect your time and not make it a habit to be routinely late when you should be relieved of your duties.

Your rights also include being reimbursed for any mileage used when driving your charges or when purchasing something for the family that was requested.

Once again, communication with the family should be regular and open to facilitate understanding and awareness on both sides. As a professional, you know that regular constructive feedback from the family will help improve your work, and feeling like you are able to have open communication with the family you serve will also allow you to feel more comfortable and respected as a professional nanny.

A Successful Partnership

To build a successful, long-term partnership with a family, both you and the family must maintain open communication, be receptive to constructive feedback, and prioritize the best interests of the children.

Protecting your rights through a contract or agreement before starting work is essential for managing expectations on both sides.

Consider working with us at Preferred Childcare to ensure you're covered in all aspects, whether you're a family looking to hire a nanny or a nanny seeking a great position. Contact us today to learn more!