16 April 2010
Q: A couple of my friends with nanny's and I have been asking the same thing. If we need our nanny to work more then the 44 hours a week consistently - what is the best way to do it? I'm not talking the odd Friday night babysitting gig - but a consistent 50 hour a week or something like that? Many of us who work downtown have to leave by 6:30am to get home by 5pm.
A: I think you have to consider a couple of things in this situation. There’s the legal/employment laws aspect of course, but also your relationship with your nanny.
Relationship-wise, I think we all want to be careful not to impose on our nannies. I have a really strong relationship with Dear A. We help each other out when we can, but I try to keep any babysitting hours out of that ‘give and take’ because Dear A is very generous and I don’t want to ever take advantage.
There is actually a new rule in the application for permanent residency that can help this situation. (I know?! Who expected a government policy to be helpful?! I’m as shocked as you!)
Effective April 1, 2010, and applying only to caregivers who are already in the country, the new rule allows caregivers to apply for landed immigrant status after 3900 hours instead of 24 months. Overtime hours can constitute 390 of those 3900 hours.
With this in place, I think most caregivers are going to be ok with paid overtime, since it will get them more money and a faster track to permanent residency. After paid overtime, you could offer more vacation time.
Once you've figured out what you can afford money and vacation-wise, the next step would be to discuss the situation with your nanny, and asking if they are willing to accept a new employment arrangement. I suggest writing it out, having the CIC website there as a reference and providing your nanny with a day or so to think it over. If your nanny is anything like Dear A, they'll tend to say "Its ok!" right away, whether it is or not.
Once your reach an agreement, you’ll need to amend your employment contract and keep careful records. When your nanny applies for permanent residence, they’ll need to follow the guidelines for Option 2, the 3900 hour option.
Here is a link to the document checklist the caregiver needs.
Its probably easier to start tracking all this stuff from the beginning, rather than having to recapture what hours were worked the 3rd week in June, a year ago.
Hmm... ok, so I guess the policy change doesn’t make having a 50 hour work week easier exactly, but it does make it doable. Hope this helps. Happy Friday!
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*As always, today’s FAQ content is offered as information only and is only related to Canadian laws and policies. Please conduct your own research or consult a professional for advice on your personal situation.