Navigating Your Nanny’s Pregnancy – Employer Responsibilities and Best Practices
Employing a nanny brings personalised childcare within your home. However, when your nanny announces her pregnancy, it introduces a new set of responsibilities and considerations. Understanding your legal obligations and planning effectively ensures a supportive environment for your nanny while maintaining consistent care for your family.
Immediate Steps Upon Notification
Once your nanny informs you of her pregnancy, it’s essential to take the following actions:
- Conduct a Risk Assessment: Evaluate the workplace to identify and mitigate any potential hazards that could affect the health of the pregnant nanny or her unborn child. This includes assessing tasks that involve heavy lifting or exposure to harmful substances.
- Provide Paid Time Off for Antenatal Appointments: Legally, pregnant employees are entitled to paid leave for medical appointments related to their pregnancy. Ensure your nanny feels comfortable scheduling these appointments and discuss how to manage childcare during these times.
Understanding Maternity Leave and Pay
Nannies, like all employees, have specific rights concerning maternity leave and pay:
Maternity Leave: Regardless of their length of service, nannies are entitled to up to 52 weeks of maternity leave, divided into 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave.
- Statutory Maternity Pay (SMP): To qualify for SMP, your nanny must have been continuously employed for at least 26 weeks up to the 15th week before the expected due date and earn a minimum of £123 per week (as of the 2024-2025 tax year). SMP is paid for up to 39 weeks:
- The first 6 weeks at 90% of her average weekly earnings.
- The following 33 weeks at a standard rate of £184.03 per week or 90% of her average weekly earnings, whichever is lower.
As an employer, you’re responsible for processing SMP, but you can reclaim up to 103% of the payments from HM Revenue & Customs (HMRC), depending on your circumstances. If you are a Happy Nest Payroll client we will do this on your behalf.
Planning for Maternity Leave
Effective planning ensures a smooth transition during your nanny’s maternity leave:
- Discuss Leave Dates: Have an open conversation to determine when your nanny plans to start her maternity leave. She can begin her leave up to 11 weeks before the due date.
- Arrange Temporary Childcare: Consider hiring a temporary nanny or exploring alternative childcare options to cover the duration of the maternity leave. Starting this process early will provide ample time to find a suitable replacement.
Maintaining Communication
Keeping in touch during maternity leave is beneficial for both parties:
Keeping in Touch (KIT) Days: Your nanny can work up to 10 days during her maternity leave without affecting her SMP. These days can be used for training, meetings, or easing the transition back to work. Compensation for KIT days should be agreed upon in advance.
Post-Maternity Leave Considerations
Upon concluding maternity leave:
- Right to Return: Your nanny is entitled to return to her original job under the same terms after Ordinary Maternity Leave. If she takes Additional Maternity Leave, and it’s not feasible for her to return to the same position, you must offer a suitable alternative with equivalent terms and conditions.
- Bringing the Child to Work: -While there’s no automatic right for a nanny to bring her child to work, this can be negotiated. If both parties agree, it’s advisable to outline the terms in a written agreement.
Legal Protections
It’s crucial to be aware of the legal protections in place:
- Protection Against Discrimination: It’s unlawful to dismiss or treat an employee unfavourably because of pregnancy or maternity leave. Ensure all decisions comply with employment laws to protect both your nanny’s rights and your household from potential legal issues.
Supporting your nanny through her pregnancy not only fulfils your legal obligations but also creates a positive and respectful working relationship. Open communication, careful planning, and a clear understanding of both parties’ rights and responsibilities will help navigate this period smoothly, ensuring continued quality care for your family.
