One of the most common questions we receive at this time of year is “What do I need to pay my nanny for over the holidays?” and the answer to this question can vary on a variety of factors depending on which province you live in. I’ll provide a couple of examples below but please contact us if you have any questions.
In Ontario, a nanny is entitled to take a public holiday (December 25, December 26 and January 1) off work and be paid for it if they are eligible. Alternatively, if they agree, in writing, to work on the holiday, they can receive public holiday pay plus premium pay for the hours worked or their regular rate for hours worked on the holiday plus a substitute day off with public holiday pay. To be eligible for holiday pay they must have without reasonable cause, worked all of their last scheduled day of work before the holiday or the first scheduled day of work after the holiday or worked the entire shift on the holiday if they agreed to work that day. This is called the “last and first rule”. Qualified employees can be full time or part time. It does not matter how recently they were hired, or how many days they worked before the public holiday. If the holiday falls on a regular day off or during their vacation, they are entitled to either a substitute day off with pay or holiday pay for the public holiday (if they agree to this in writing).
How much holiday pay they are entitled to is based on an average of their regular wages earned in the 4 work weeks before the public holiday. If the nanny’s vacation pay is paid out with each pay cheque, then this is included in the calculation for the holiday pay.
In BC, a nanny has to have been employed for 30 calendar days and worked on 15 of the 30 days before the statutory holiday to be eligible for holiday pay. If the nanny is given the holiday (December 25 and January 1, not December 26) off, or it falls on a regular day off, an eligible nanny is entitled to be paid an average day’s pay which is calculated by dividing the total wages (excluding overtime) earned in the 30 calendar days before the holiday by the number of days worked. If an eligible nanny in BC works on the holiday, they are entitled to be paid 1.5 times the wage rate for the hours worked (2 times the wage rate for any hours exceeding 12 hours) plus an average day’s pay. The other option is to provide a substitute day off in lieu of the holiday, plus an average day’s wage.
It’s important to be informed of your responsibilities are with regard to paying your nanny over the holidays. Since each province is different in determining eligibility and how much to pay, please contact us for further assistance.
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