Q: Why should a family keep their nanny employed right now?
A: Helping your employees in hard and uncertain times like this is the right thing to do. However, many household employers are facing uncertain job situations and layoffs on their own, so it is important to understand that the need for a nanny might simply be gone.
Employers whose need for care is reduced or eliminated only temporarily should consider the impact of a furlough to their employee and the damage it may do the relationship. Sticking by your employee and providing paid leave engenders trust and loyalty that will be rewarded in the future. Most employers want to do this, and the financial relief being provided by congress through the FFCRA should ease the burden on families and allow them to provide their nanny paid leave at no additional cost.
The most important advice we can give is to have an open and honest dialogue with your employer about your concerns, about their expectations, and about how you can work together to find solutions.
Q: Can a nanny get unemployment if she wasn’t paid legally, and what does that mean for the family… what should they do to fix this mistake
A: A nanny can file an unemployment claim at any time. If the employer did not file their unemployment taxes and wage reports, the process for obtaining benefits may be drawn out as the state investigates the employee’s claim of earnings history and eligibility for benefits. The family will likely be required to file and pay their back taxes as well as penalties and interest and the state’s unemployment system will alert the Internal Revenue Service as well.
Q: If my hours have been reduced, do I get unemployment benefits?
A: Yes, most states do allow for unemployment claims based on a reduction in hours. You will need to visit the website of your state unemployment agency to confirm this and to file a claim for benefits.
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