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What are your obligations when you employ a nanny? |
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What are your obligations when you employ a nanny? |
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| This article is proudly sponsored by Night Nannies Australia. |
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The CareforKids.com.au team receive many enquiries from parents regarding their obligations for employing a Nanny.
We have developed a handy guide below to provide parents with information on key responsibilities and considerations for hiring a Nanny, also including a sample guide to assist in creating an employment contract for a Nanny. The guide can be printed out, along with a Nanny/Parent Diary that is useful to keep lines of communication open and keep you up-to-date with your child's development.
We recommend that you take a business approach to the hiring of a nanny, at the core of which is establishing a contract of employment. Such an agreement should limit misunderstandings regarding employment conditions, making sure that all parties are on the same page now and in the future. Areas covered in the employment contract can include salary, benefits, hours of work, main duties and responsibilities, sickness and holiday entitlements, notice period and performance reviews.
Salary
- Set down the agreed salary including $___ pay per week/month/hour
- What is the pay period and when will your nanny be paid?
- What is the method of payment for example cheque, cash or into a nominated bank account?
- What is the overtime rate that will apply?
Hours of Work
- Set out the expected hours of work. Days and times for example Monday to Thursday 7:30am to 6:00pm
- Agree on Public holiday entitlements. If the nanny is expected to work on public holiday's agree on the rate of pay or whether it is time off in lieu
Reference & Background Checks
Careforkids.com.au strongly recommends that you check that the nanny you are considering has been reference and background checked by either the child care agency or yourself. This includes the working with children check.
For further information please see our article Working with children checks which outlines the various legal requirements and resources available to you in each state and territory.
If you are undertaking these checks yourself then some providers are Australian Background and Precise Background Services
The decision and responsibility of hiring any carer rests with you. Be sure you have the facts regarding previous employment, criminal records, driving records, immigration and visa status so that you can make the most informed decision possible.
Duties / Parenting Philosophy
List specifics of the nannies responsibilities. For example the children's routines, nap times, feeding times, reading times, gymbaroo classes, swimming classes, park visits, mothers/nanny group.
Include parenting philosophy, disciplinary measures, TV time, sleeping methods, nutrition - what the child is allowed to eat, hygiene – washing hands before and after nappy change – safety – no go zones for the child/nanny in the house and who can visit the child or pick up the child – grand parent, sister, ex husband
Leave Entitlements
- Determine the Annual leave entitlement . All full time employees are entitled to a minimum of 20 days annual leave or pro-rata for the hours/days worked. Part time employees receive the same entitlement on a pro-rata basis
- The standard sick leave entitlement is 8 days sick leave in the first year or pro-rata for the hours/days worked
- Set down notification times for when the nanny is to contact you by if they are sick and conversely set down a procedure in the event of you being delayed
Income Tax
The contract of employment is one of an employer and employee. Register with the ATO to allow for income tax deductions.
For further information visit ato.gov.au or call the ATO on 132 478
Superannuation
If the nanny works for more than 30 hours a week they are entitled to superannuation. This is currently 9% of the employee's gross wage (Superannuation Guarantee ruling SGR 93/1) so take this into account.
Domestic Work Cover Insurance
Insurance to cover your nanny in the event of an accident is a further consideration. Legislation on insurance requirements vary between the different states and territories.
For information on the insurance requirements in your state or territory click through below:
NSW regulations changed in 2008 click here to make sure you have all the latest information.
Click here for information on Queensland's requirements.
Insurance requirements in South Australia changed on 1 January 2009. Click here to ensure you are up-to-date.
Click here for information on Government requirements in Tasmania.
Click here for information on Victorian requirements.
Click here for information on Government requirements in Western Australia.
Automobile and other Insurance
If the nanny has use of your car, make arrangements to include them under your policy. Check to ensure that compulsory third party insurance also covers third party property damage and if your nanny is under 25 years of age, you should check what additional provisions need to made to cover them under your policy.
You may also wish to request that your nanny have additional insurance. One such policy available for nannies is called Nannysure, underwritten by QBE Commercial - QBE Insurance Group.
For further information visit nannysure.com.au
Additional Expenses
Any additional out of pocket expenses should be agreed upon. It's a good idea to set aside an additional cash amount each week to cover outings, snacks, excursions, swimming classes etc.
If the nanny will be using their own car for work related tasks then an allowance to cover fuel costs and additional wear and tear on the car should also be set down.
A log book should be established to record kilometres travelled in the course of their duty.
Ask your nanny to check their insurance policy to ensure appropriate cover for transportation of your children.
Notice Period
Agree on a notice period including any arrangement for payment in lieu of notice. The standard notice period is generally two to four weeks.
Probation Salary & Performance Reviews
Conduct regular salary and performance reviews. Set down the times for a performance review. For example after the 3 month probation period, have another review at 6 months followed by a 12 month salary and performance review.
Consider a mediation procedure for any issues or grievances that need to be raised throughout the period of employment.
Contract Review and/or Amendments
In the event of the birth of another child, both parties should discuss the continued employment arrangements, including a review of the current employment contract.
Communication
Many nannies cite poor communication as a reason for leaving a post, so take time at the beginning and the end of each day to discuss the children. If this isn't possible, introduce a diary system which allows the nanny to record the events of the day including appointments, meals, social outings, sleep times and medications as well as the child's developmental steps.
Consider a weekly review which involves an informal discussion allowing both parties to give and receive feedback.
Provide positive feedback and praise for a job well done; conversely, if you are unhappy in any way with the nannies performance, discuss this immediately.
Click here for an example of a diary system you could introduce.
Confidentiality
It is also important to consider a confidentiality agreement to ensure that the affairs of the household is kept confidential.
Here is an example:
The employee shall keep the affairs and concerns of the household and it's transactions and business confidential. It is a condition of employment that except as required by Law, the employee shall not disclose confidential information to any persons whatsoever without the consent in writing of the employer. This provision shall apply for all time and survives expiration or earlier termination of this Agreement. The operation of this clause shall not apply to information disclosed to medical or other health professionals in the course of obtaining treatment for the child(ren).
Other Benefits
Look at longer term benefits to make the job as attractive and enjoyable as possible.
Benefits you may wish to consider include:
- Good living quarters (if applicable) supply good furnishings TV, CD, Video, Own Phone, Mobile Phone
- Use of a car
- Occasional late starts and early finishes
- Cash Bonuses
- Health cover
- Night out, Movie Tickets, Pampering Package, Weekend away
All of the research about early care and education leads to one overriding conclusion - quality matters.
To get started and put your Nanny Employment Contract together click here for an example contract you can use as a guide.
If your nanny is a trusted and valued employee whom you wish to retain, then these incentives can go along way in improving staff retention.
Other Useful information from CareforKids.com.au:
Help to keep lines of communication open with your Nanny - print out this useful daily diary
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