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Can I get in trouble for replacing my nanny while she was on maternity leave?

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tedfeese

New member
What is the name of your state? Florida

My nanny decided to take 3 months maternity leave. Since I didn't have any other childcare for my kids my sister l worked it out with her nanny to have her take care of all of our kids. It's been working great for everyone since now my sister and I pay less individually for childcare while her nanny makes more for the same hours. It's also got the added bonus that the kids get to spend more time with their cousins. My sister's nanny is also amazing and way better than my previous nanny in many ways.

Anyway since this situation has been working out so well I called my nanny and told her I would not longer need her. She is now telling me I am breaking fmla laws by not saving her job while she is on maternity leave. I honestly don't know anything about these laws. I tried looking them up, but I'm more confused than before.
 


PayrollHRGuy

Senior Member
What is the name of your state? Florida

My nanny decided to take 3 months maternity leave. Since I didn't have any other childcare for my kids my sister l worked it out with her nanny to have her take care of all of our kids. It's been working great for everyone since now my sister and I pay less individually for childcare while her nanny makes more for the same hours. It's also got the added bonus that the kids get to spend more time with their cousins. My sister's nanny is also amazing and way better than my previous nanny in many ways.

Anyway since this situation has been working out so well I called my nanny and told her I would not longer need her. She is now telling me I am breaking fmla laws by not saving her job while she is on maternity leave. I honestly don't know anything about these laws. I tried looking them up, but I'm more confused than before.
Unless you have 49 other employees you are not subject to FMLA.
 

LdiJ

Senior Member
What is the name of your state? Florida

My nanny decided to take 3 months maternity leave. Since I didn't have any other childcare for my kids my sister l worked it out with her nanny to have her take care of all of our kids. It's been working great for everyone since now my sister and I pay less individually for childcare while her nanny makes more for the same hours. It's also got the added bonus that the kids get to spend more time with their cousins. My sister's nanny is also amazing and way better than my previous nanny in many ways.

Anyway since this situation has been working out so well I called my nanny and told her I would not longer need her. She is now telling me I am breaking fmla laws by not saving her job while she is on maternity leave. I honestly don't know anything about these laws. I tried looking them up, but I'm more confused than before.
You are not subject to those laws, because you do not employ 50 or more employees within a 75 mile radius.
 

Ohiogal

Queen Bee
Well we don't know if she has other employees. We know she has one nanny but we don't know if she owns a business that employs anyone let alone 49 people.
 

LdiJ

Senior Member
Well we don't know if she has other employees. We know she has one nanny but we don't know if she owns a business that employs anyone let alone 49 people.
Well, that is true. However, she would have to be a sole proprietor if she did have a business employing at least 49 employees for it to matter. Otherwise, any business that she might have/be involved in is going to be a separate entity. I also don't the the law applies to household employees at all, but I didn't go there because I didn't think it was necessary.

If the OP clarifies that particular issue I can do more extensive research.
 

Ohiogal

Queen Bee
Well, that is true. However, she would have to be a sole proprietor if she did have a business employing at least 49 employees for it to matter. Otherwise, any business that she might have/be involved in is going to be a separate entity. I also don't the the law applies to household employees at all, but I didn't go there because I didn't think it was necessary.

If the OP clarifies that particular issue I can do more extensive research.
I believe OP doesn't have an issue unless in that specific issue. But I wanted to make sure it was mentioned. Because in the RARE circumstance that she has other employees, it is possible she has to comply.
 

not2cleverRed

Obvious Observer
Since I didn't have any other childcare for my kids my sister l worked it out with her nanny to have her take care of all of our kids.
Advice, based on posts that I've read elsewhere: do not be surprised if your sister's nanny decides to look elsewhere for work. Her nanny has been caring for your children as a favor, for no additional pay, or at least a lower per child rate, knowing that your nanny is temporarily unavailable. Your sister's nanny is tolerating the additional work, expecting the burden to be short term.

Childcare is difficult. That is why you are employing a nanny. If your sister's nanny decides to seek greener pastures, BOTH of you will be looking for new help. If word gets out among the other nannies, it might be challenging finding someone of equal qualifications willing to work for you are the same rate.

I am not a nanny and have never been a nanny. I have just read rants from nannies who have found themselves in the situation that your sister's nanny is in.
 

LdiJ

Senior Member
Advice, based on posts that I've read elsewhere: do not be surprised if your sister's nanny decides to look elsewhere for work. Her nanny has been caring for your children as a favor, for no additional pay, or at least a lower per child rate, knowing that your nanny is temporarily unavailable. Your sister's nanny is tolerating the additional work, expecting the burden to be short term.

Childcare is difficult. That is why you are employing a nanny. If your sister's nanny decides to seek greener pastures, BOTH of you will be looking for new help. If word gets out among the other nannies, it might be challenging finding someone of equal qualifications willing to work for you are the same rate.

I am not a nanny and have never been a nanny. I have just read rants from nannies who have found themselves in the situation that your sister's nanny is in.
If you review the original post, it does appear that the nanny is being paid more money for the same hours and apparently is happy with that. Yes, its a lower per child rate, but nanny pay is not typically a per child amount, its typically a per hour wage. At home daycares do charge per child, but they typically reduce that rate for multiple children in the same family and they have to cover a lot of expenses that a nanny doesn't have. I suspect that the nanny wouldn't want to go back to being paid less money.
 

cbg

I'm a Northern Girl
To get back to brass tacks, OP, for FMLA to apply, ALL of the following must be true:

1.) The employer must have a minimum of 50 employees within a 75 mile radius
2.) The employee must have worked for this employer for no less than 12 months
3.) The employee must have worked no fewer than 1,250 hours in the 12 months immediately preceding the leave
4.) The employee must be off work for their own (or that of a qualified beneficiary under the statute) serious health condition as defined by the FMLA statute (which admittedly does include maternity)

If even one of the above four criteria does not apply, then neither does FMLA. Florida has no state statutes that provides greater leave.

Additionally, nothing in the FMLA statute says you cannot hire someone else to cover for the FMLA'd employee during their leave AS LONG AS you return them to work when their 12 week leave is up. If the leave exceeds 12 weeks, you are not obligated to return them to work even if FMLA applies.
 

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