Do You Pay Your Nanny When You Go on Vacation?
Most families assume that if they are not home, they do not owe their nanny for that week. That is incorrect, and it is one of the most common and costly misunderstandings in household employment. Here is what you actually owe under California law and industry standard.
Quick Answer
Most families assume that if they are not home, they do not owe their nanny for that week. That is incorrect, and it is one of the most common and costly misunderstandings in household employment. Here is what you actually owe under California law and industry standard.
Most families assume that if they are not home, they do not owe their nanny for that week. That is incorrect, and it is one of the most common and costly misunderstandings in household employment. Here is what you actually owe under California law and industry standard.
Quick answer: Yes. If your nanny has guaranteed hours and you cancel work because you are on vacation, you owe them their normal pay for those hours. Your vacation does not pause their income.What are guaranteed hours and why do they matter?
Guaranteed hours are the minimum number of hours per week you commit to paying your nanny, regardless of whether you actually need them that week. A standard full-time arrangement might guarantee 40 or 45 hours per week.
When you cancel a week of work because you are traveling, your nanny is still available, still relying on that income, and, under California wage law, still entitled to those guaranteed hours. The cancellation is your decision, not theirs. They should not bear the financial cost of it.
Is this a legal requirement or just industry standard?
Both. Guaranteed hours are a contractual commitment, if they are in your work agreement, failure to pay them is a breach of contract. Under California wage law, if your nanny is available and ready to work and you cancel the shift, you generally owe reporting time pay.
Beyond the legal exposure, paying your nanny during your vacation is simply how professional household employment works. Families who do not do this find it very difficult to retain quality candidates.
What if you bring your nanny on vacation with you?
Different situation entirely. If your nanny is working during your trip, watching the children while you are at dinner, managing bedtime routines, being on call, that is paid work time. All hours worked are compensated at their normal rate, plus overtime applies as normal under California law.
Travel time to and from the destination is also paid work time. All travel expenses (flights, accommodation, meals) are covered by you. Your nanny should never be out of pocket for a trip that is your trip.
What if your nanny is taking their own vacation at the same time?
If your nanny is using their own paid time off during your vacation, that is their PTO, paid as normal, no issue. If you are canceling their work for a week and they are also choosing to travel, you still owe their guaranteed hours unless you have a written agreement that addresses this scenario specifically.
How do most LA families handle this?
Professional nanny arrangements in Los Angeles almost universally include guaranteed hours. The norm is that families pay full wages during their vacation time. Some families also give their nanny a paid vacation week of their own on top of this, separate from the guaranteed hours, as part of the total compensation package.
What if you cannot afford to pay during vacations?
Structure the agreement upfront. Some families negotiate a lower guaranteed-hours floor (e.g., 35 hours instead of 40) or include a limited number of unpaid cancellation weeks per year. This needs to be agreed in writing before the placement starts, you cannot change the terms retroactively.
If cost is a genuine concern, a nanny share arrangement may be worth exploring. But for most full-time placements in the LA market, paying during vacation is simply part of the deal.
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Frequently asked questions
How does California overtime work for household employees?
California's Domestic Worker Bill of Rights sets overtime at 1.5x after 9 hours in a single day or after 45 hours in a week. Daily overtime is the rule most families miss. A nanny working 10-hour days Monday through Friday triggers daily overtime every single day.
Do I need to pay payroll taxes for my nanny?
Yes. If you pay a household employee more than $2,700 in a calendar year, you must withhold FICA taxes, pay employer FICA match, and remit federal and California state unemployment insurance. Paying cash does not eliminate this obligation.
What are guaranteed hours for a nanny?
Guaranteed hours mean your nanny is paid for an agreed minimum number of hours per week regardless of whether you use them. If you agree to 40 hours and only need 30 one week, you owe 40 hours of pay. California household employment law treats scheduled hours as wages owed.
Do I pay my nanny if I take a vacation?
If your nanny has guaranteed hours and you are not using them because you are traveling, you generally owe their guaranteed pay. If you negotiate a reduced vacation rate in advance and in writing, that may apply. Unilaterally not paying for weeks you are away is a wage violation.
Can I pay my nanny as an independent contractor?
No. In California, a household employee who works regular hours for one family is an employee, not an independent contractor. Misclassifying them as a contractor to avoid employer obligations creates retroactive tax liability and potential penalties.
Do I pay my nanny during holidays?
California does not legally require holiday pay, but paying for major holidays is standard in Los Angeles. Most work agreements list specific paid holidays. If your nanny works on a holiday, they should receive their regular pay plus any applicable overtime.
What are the real costs of hiring a nanny in Los Angeles?
Beyond hourly pay, expect: employer payroll taxes (roughly 10 to 12% of gross wages), paid sick leave (required by California law), 10 days paid vacation (competitive standard), and potentially a health contribution. Placement agency fees are typically 20% of first-year gross salary.
Is it illegal to pay a nanny under the table in Los Angeles?
Yes. Nannies are household employees under California and federal law. Paying off the books exposes families to back taxes, penalties, and potential liability. It also leaves the nanny without workers compensation, unemployment protection, or Social Security credits.
How does California nanny overtime work?
California law entitles most nannies to overtime after 9 hours in a day or 45 hours in a week, and double time after 12 hours in a day. Personal attendant rules apply differently - families should confirm with a payroll specialist how their specific arrangement is classified.
Can I pay a nanny in cash in California?
Cash is a payment method, not a classification. You can pay in cash but must still report wages, withhold appropriate taxes, and issue a W-2. Paying cash without tax reporting is what is illegal, not cash itself.
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