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On the sick list

In sickness and in health, is a nanny like any other employee? Sue Hubberstey looks at your rights and responsibilities We all experience mornings when we wake up feeling jaded and under the weather. We may have a headache or the beginnings of a sore throat, or sometimes it's simply the result of overindulgence the night before.
In sickness and in health, is a nanny like any other employee? Sue Hubberstey looks at your rights and responsibilities

We all experience mornings when we wake up feeling jaded and under the weather. We may have a headache or the beginnings of a sore throat, or sometimes it's simply the result of overindulgence the night before.

Whatever the cause, we just know that the last thing we want to do is to go in to work.

Someone who works alongside other people may think that taking a day or two off isn't likely to cause major disruption, and the temptation is to ring in sick and go back to bed. Office workers, for example, know that there will be someone else around to answer the phone and the work can just pile up on their desk until they return. A nanny is in a very different situation. She knows that her absence will be a huge inconvenience to her employer and the rest of the family. This is why nannies in general have a very good sickness record and will very rarely take time off work without due cause.

If you are tempted to take a 'sickie' for no better reason than you feel like a day off, remember that you are betraying your employer's trust which is a crucial ingredient in the employer-nanny relationship. When you are desperate for some time off for whatever reason, it's always better to come clean with employers. Few will quibble about the odd day as long as they have plenty of notice, although they may not be prepared to pay for any day over and above your holiday entitlement, unless you are able to make the time up in some way.

BE PREPARED

Of course, illness often comes without warning and accidents do happen, so you and your employer should always have a contingency plan in place. You would do well to make sure that there is someone around who can look after the children at a moment's notice. This may be the child's grandmother or one of your employer's friends, or you could arrange for a nanny colleague to take over in an emergency. Having a responsible person on standby will give both of you peace of mind.

When you are too ill to work, let your employer know as soon as possible, or get someone else to do so on your behalf. A doctor's certificate isn't required for the first seven days of illness, but it is courteous to let your employer know what's wrong with you so that she will have some idea of how long you are likely to be out of action.

You owe it to yourself, as well as to your charges, to keep yourself as fit and healthy as possible. A balanced diet, regular exercise and a positive approach to life can help keep you in good form throughout the dreary winter months. Nevertheless, there are likely to be times when illness strikes. If you are unlucky enough to get a dose of flu this winter, your employer will simply have to cope without you for several days. Flu is often confused with a heavy head cold, but there is a significant difference. While a cold makes you feel pretty rotten, you can usually carry on as normal. But if you are truly suffering from influenza there will be no way you can go in to work. Lifting your head from the pillow will be difficult enough, and you need to stay warm and rested in bed if you are to make a proper recovery.

You could try to reduce the risk by having a flu jab. Look out for announcements about this at your medical centre or surgery. Some GPs offer this service free to all their patients as long as the stocks of vaccine last; others may only give it to vulnerable groups like the elderly or those with asthma, and some people do argue that the fit and healthy should not have the jab, to limit the risk of the bugs building up immunity to it.

If your GP is unable to give you a jab on the NHS, your employer will probably be only too pleased to pay for it privately. This will also offer the children in your care a little extra protection.

One of the hazards of working with young children is that you can catch some of those common childhood diseases such as whooping cough or chickenpox from them. While these may have a relatively mild impact in childhood, they can be seriously debilitating in adults. Unfortunately, there is a greater risk of coming into contact with one of these diseases these days, as the current scare about the MMR (measles, mumps and rubella) jab is leaving more children unvaccinated.

It's important that you make sure that all your own vaccinations are up to date. It is possible for an adult to get the MMR vaccination if necessary, so ask your GP about this. If you are aged 24 or under it would also be a good idea to have the vaccination against bacterial meningitis. Once again, consult your GP.

MONTHLY OR LONGER

For many women, period pains are a regular problem. Most experience some discomfort just before and just after their period has started, but it's usually nothing that taking a couple of painkillers can't sort out. If you regularly suffer cramps bad enough to keep you from going to work, you should seek medical advice. No matter how understanding your employer may be, she will inevitably get fed up with monthly absences, and periods should never prevent you going about your normal daily life.

Should you be unlucky enough to suffer a serious illness or injury that keeps you off work for a lengthy period, you need to know where you stand, particularly if your job is a live-in position. Your employer may ask you to find somewhere else to live for the period of absence, especially if she wants to use your room to accommodate a substitute nanny. While you may have some sympathy with her, do remember that you do not have to relinquish your accommodation, so don't allow yourself to be bullied into leaving.

However, it might be time to consider looking for another job if your employer is unpleasant about the issue of sick leave and its implications.

Do you really want to continue working for someone with so little sympathy?

Of course, there should be some give and take. If you do have to take a long period off work, you should ask yourself whether it is in the best interests of the child for your job to be kept open for you. While you cannot be sacked on the grounds of ill health, there is such a thing as a 'fair dismissal' if both parties agree to it. As long as you have a good relationship with your employer you should be able to come to an amicable arrangement.

SICK PAY

When you are off sick, don't take it for granted that your employer will continue to pay you as normal. Unless you have a contractual agreed period of sick pay, you will only be entitled to Statutory Sick Pay (SSP), which is a state benefit. If you do not have an agreed period of paid sick leave written into your current contract, make sure it's there in any future agreements. The time in which an employer will continue to pay a nanny's wages usually varies between two and four weeks. Apparently, some nanny agencies advise employers not to state a period of sick pay on the grounds that a nanny may be tempted to take the agreed days off as a right, whether they're sick or not. These are in a minority and are not a justification for your employer to refuse to have the necessary clause in your contract.

The standard rate of SSP is currently 63.25 per week. To be eligible you must have worked for your employer for more than three months. You must also have had earnings at least equal to the lower earnings limit for National Insurance purposes (75). Your employer is responsible for paying SSP but can claim this money back. You can only claim when you have been sick for four consecutive days (including weekends and bank holidays) and you will not be paid for the first three 'qualifying' days (i.e days that you would normally work). For example, if you fall ill on Monday and are still ill on Friday, you will only be entitled to two days pay (currently 12.65 per day) in that week. SSP is paid for up to 28 weeks as long as you can provide continuous evidence from your doctor that you are unfit for work. Should you still be unable to work after this period you may be able to claim Incapacity Benefit; if you are not entitled to that, you may be able to claim Income Support.

According to the Professional Association of Nursery Nurses, problems arise simply because many employers and nannies do not understand the system. If you want to know more about any of the benefits available to you, contact your local Social Security office. You should be aware that if you have agreed to be paid informally, cash in hand, you have probably forfeited your right to some benefits.