Reasonable Expectations

Dear I Saw Your Nanny: I posted this on the forum, but have not seen any comments on the thread. Hopefully if you post this soon, I can read opinions that will help me before I leave my position on Wednesday of next week…

I have a contract that states I have two weeks paid vacation (one week of their choice and one of mine.) It also states that I have 5 sick/personal days. The contract does NOT state that those days are accrued - simply that I am entitled to them. I am going to be leaving this position at the end of the month. I have found out that this family has lied about numerous things, including the reason for letting me go. I was told that due to the husband's loss of job, he will be at home and taking care of the children. I have now become aware that the reality is that they do not wish to pay someone legally any more – even though they committed to it in our agreement. I want to know if it is reasonable for me to expect to be paid out for the 5 sick/personal days (that I have not taken) and the one week of vacation that I have not taken. As stated, the contract does not say that these things are accrued, only that I am entitled to them. I am currently under the impression that I AM entitled to them. I am not trying to “stick it to them,” however I want to be fair and reasonable… and not get screwed over in the process. Thank you! - CleaverJune
For those Posting on the ISYN chatboard, if you do not receive an answer in an acceptable amount of time from another Reader, please feel free to e-mail me and I will Publish it for you here. Thank you!


♥ Amy Darling ♥ said...

How long have you been with this family OP?

Since the contract states the benefit days you mentioned are simply accrued, but you are not entitled to them, I highly doubt you will get compensated for them. I don't know whether you have a legal foot to stand on, but I doubt it.

Let's see what others have to say....

Lyn said...

I wouldn't count on getting those days paid to you at the end of your employment. Especially if they already think paying a Nanny legally is too expensive for them. I also don't think it's necessarily fair to ask them to pay for days that have been unused when there was nothing written in the contract that would have that happening. Thankfully you are done with them in a little less than a week and hopefully your next family will be wonderful! :) Good luck OP!

nycmom said...

I would assume it were a function of time. For example, if you have been there 6 months, I would expect to pay you out for one week vacation and 2.5 personal days. I do specify I pay out unused sick/personal days each year as an incentive to plan personal days and avoid feeling the pressure to "use" sick days up. However, I do not think this is standard. Though it is the law in many states.

I would check your state laws and review the wording in your contract. If it is listed as personal OR sick days, you should likely get paid out the % accrued. If it implies either/or, the family may be able to argue you only get 50% of accrued. I know in CA you are not required to offer any benefits, but if you do vacation and personal days MUST be accrued and paid out. However, sick days do NOT accrue or get paid out.

Finally, get this in writing from the family now (that you will get paid out). Otherwise, use up at least a few accrued days before you leave.

Village said...

Good luck collecting. They don't even want to pay legally.

You can always turn them in to the IRS.

MissMannah said...

Just wondering...does anyone actually use the forum? I know I visited it when they first put it up but haven't since then because the blog gets so much more traffic.

OP, I would say it depends on how long you've been working for them. If it has been a year or almost a year then yes, I agree you would be entitled to your days paid out, especially because it is not your choice to leave. I'd say talk to the family and tell them you would like a certain percentage of days paid out, based on how long you've been working.

Amy, I wonder about your reading comprehension. OP said several times her sick days are not accrued.

CleaverJune said...

Hi everyone! Thank you for the comments so far.

To answer thequestion re: length of employment, I have been employed by this family for over a year.

Kloe said...

Gee Miss Mannah, why are you always criticizing Amy Darling?

Trying to stir the pot once again?????????

Lyn said...

.... I never even realized we HAD a forum... well I feel dumb, haha.

DC nanny who is no longer in DC said...

I think that you are entitled to them, but may not get them, because it sounds as if your employers are cheap and would go out of their way to avoid spending any extra money.

I realize that now there are only 5 days left until your job ends but If it were me in that situation, and I had at least 10 days left, I would either sit down with them, or write the following in an email (I'm much better at expressing myself in writing). "I have 10 days of paid time off that I'm still entitled to. Would you prefer for me to take them now and this will be my last working day, or would you rather pay them out after my employment ends?"

That way you gave them a choice about HOW they would give them to you, but you didn't give them a choice about giving them to you.

LawSchoolNanny said...

According to the California Labor Code Section 227, employers who provide vacation pay must pay their employees for their unearned and unused vacation pay at termination, and they may not enact forfeiture or "use or lose" vacation policies. However, sick pay, according to the California Labor Code, does not become a vested benefit.

The California Labor Code doesn't REQUIRE employers to provide their employees with unpaid or paid sick or vacation days, unless required by their labor contracts or private employment agreements.

Basicly it comes down to the specific wording of the contract/work agreement.

If it states only that you are entitled to the vacation and/or sick/personal time then they must pay you out for it... unless it specifically states that it has to be accrued.

You found a very interesting loop hole to accrued vacation time pay-out. If they are the ones who put that wording in the agreement - they are idiots.

MaryPoppin'Pills said...

Don't feel bad Lyn, lol... I don't mention it as frequently as I should.

We have almost 300 registered users so please feel free to hop on board! There are a few that log in on a regular basis to check for new threads but I would love to see it become busy.

For the most part it is unmoderated so everyone will need to behave themselves! ;-)

Anna Irene said...

An unmoderated forum??!

You're speaking my language now.

Just kidding.


N is for Nanny said...

In Massachusetts, if your work agreement does not specifically state that they accrue, you are entitled to them being paid out at the conclusion of your employment. Whether they pay them out willingly or not is a different manner. If they do not agree to pay you willingly, I would take the "conversation" to email, so that you have a written record of your request and their refusal.

Good luck!

jenna said...

MissMannah is the smartest nanny.EVER.

MissMannah said...

Jenna, not sure if you're being sarcastic or sincere. But thank you anyway.

Slim Lady said...

Uh oh...guess who is back...back again??

Monkey Shines is back..tell a friend.

Aries said...

I wouldn't hold my breathe. Your Employors are cheap and I can almost put money on it that they will not pay. ESP if they know you will be quitting. They want to pay a nanny under the table for a reason and that reason has to do with money and getting away with not paying extra, even if its morally right.

They most likely want to get away with screwing the nanny as much as they can get away with and without a contract, its that much easier to do.

Aries said...

Kloe I agree, MissMannah is always trying to stir up sometype of pot, LOL. To much time on her hands, you would think she was twelve. (only her photo gives away her real age which is mid-late thirties.)

MissMannah said...

Actually I just turned 30 yesterday and that picture was taken when I was 26.

Sounds to me like you're the one trying to start something.