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Do I have to give my nanny paid time off and holidays?

Short answer

Not under federal law. The Fair Labor Standards Act doesn't require pay for time not worked, so in most places paid vacation and holidays are something you and your nanny agree on. Some states set a floor: New York gives a nanny who isn't a relative or a casual sitter 3 paid days of rest a year once they've worked for you for a year, and your state or city may require paid sick time.

Answered by the NannyKeeper team

The numbers

“The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations, sick leave or federal or other holidays.”

U.S. Department of Labor, Vacation Leave
Paid vacation and holidays
Not required by federal law
Paid sick time
Not required federally; your state or city may require it
New York, after one year
3 paid days of rest a year
Not covered in New York
Relatives and casual sitters

Sources

What this means for you

  • Put the policy in writing: how many paid days, which holidays, and whether you pay for days you cancel care.
  • Time off you agree to pay is part of your nanny's pay, so plan for it in your budget and your payroll.
  • Your state's page shows whether it has a paid sick leave rule.

Related questions

This is general information, not tax advice. NannyKeeper prepares your forms and tells you what to file; you file them.