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.”
- 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
- U.S. Department of Labor, Vacation Leave · Read October 25, 2026
- New York Labor Law § 161 · Read October 25, 2026
- New York Labor Law § 2(16) · Read October 25, 2026
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.