Legal Pitfalls

• Working under the table before the legal nanny is "legal"
  • Legally, nannies cannot work without HRSDC approval and a work permit (if you hired a local nanny that could mean waiting 4 months for the nanny to start). Just be aware that it is illegal to start the nanny before that point, though everyone does it.
• Working over-time
  • Remember that employment standards has rules, which many nannies know. Most are flexible, but it is a two way street - if you are sticky and dock pay for sick days and when you are away, don't be surprised if your nanny is upset by this
• Firing a nanny
  • Must give appropriate notice, or pay in lieu of notice
  • Give employee a Record of Employment (pick one up from a local HRSDC office)
  • Must send letter to HRSDC when employment is terminated. For the reason, it is sufficient to say that you no longer require the services of nanny.
• The live-in nanny who lives out
  • According to the dictates of the live-in caregiver program, nannies are required to live with their employers. Some people hire live-in nannies who are live-in only on paper, but who may live with friends or family nearby and come to the employer's during the day; starting salary for these nannies is $1000, but a $200 supplement is generally given back to the nanny (under the table) for the expenses of needing to live-out (i.e. apartment, transportation). Again, although this is a fairly common arrangement, it is not actually legal.