If you are a professional nanny or sitter, you may have recently lost your job, through no fault of your own, as families continue to quarantine at home and follow state-issued “stay-at-home” orders for COVID-19.
“Before the pandemic, I had six nanny-families,” says Christina Vlinder, a career nanny and training consultant at Respectful Caregiving in the San Francisco Bay Area, “each for a few hours a week, totaling up to full time work. Of these six families, four have ended our relationship (with severance, per our contract), and one family continues to pay guaranteed hours. This is sad but what I expected.”
If you’re a caregiver who has been “let go” due to COVID-19 — either permanently or temporarily with no end in sight — here are answers from experts to the critical questions you may be having right now.
1. Does my family employer have to keep paying me if they have released me from my child care duties amid the pandemic?
“This depends on any written contract you have,” says Damien H. Weinstein, an employment lawyer at Weinstein + Klein, a law firm with offices in New York and New Jersey, “which may require continued pay, severance or some other type of assistance.” You should check the terms of your contract for specific details.
If you don’t have a written nanny contract or babysitter contract in place with your employer, the answer is generally no. Without a contract, says Weinstein, there’s no obligation that they keep paying you if you’re ‘let go’.
2. Are there modifications I can discuss or negotiate with my employer — now and for employment after COVID-19?
“This [pandemic] is not something any of us planned for, so there really aren’t clear guidelines and rules for how to handle this situation,” says Weinstein. “Keep in mind the fact that this will hopefully soon calm down and [families will] be in a position again where they need help.”
For now, he says, “It’ll benefit both parties for there to be open conversations where these issues (pay while not working, rehiring if already terminated, other financial assistance) are discussed and amicably agreed upon. This will help maintain the relationship that would benefit both sides.”
And remember, Weinstein reiterates, there is no set rulebook for negotiating right now. That means there’s nothing to stop you from working together on a mutually beneficial arrangement. “It’s not a bad thing to discuss some sort of financial assistance in the event you’re ‘let go’ until things calm down,” says Weinstein. “Be creative. Maybe the family won’t pay your full salary, but perhaps they’ll pay a portion or cover your groceries.”
If you’re paid legally (i.e., on the books), you may also be entitled to various benefits under both state and federal laws (unemployment, etc.). More on those below.
3. Does my employer have to hold my job amid the pandemic?
“Not unless required to under contract,” says Weinstein. “But, if the family is looking at this as a temporary termination, it’s not bad practice to try to negotiate a rehire once things calm down.”
4. Do I need to stay available for my employer?
“No – you’re free to find replacement work,” says Weinstein, “so long as there’s nothing contractually prohibiting you from doing so, which would be very rare and could likely be negotiated away.”
5. How can I adapt my caregiving services and still make money and help families during the pandemic?
Try online caregiving/digital caregiving
There may be a way to offer some level of caregiving online, especially to parents of some toddlers or older kids. Try to think outside the box. While you can’t be there with the child physically, consider ways you can contribute to their learning and enrichment or engage them in play and fun virtually.
“These are hard times for nannies and for the families and children that are suddenly without their ‘village,’” says Vlinder. “I do find it encouraging to see people coming up with creative digital solutions.”
In fact, Vlinder’s remaining nanny job has moved to FaceTime for now. She does two hours of FaceTime every day with the school-aged child. They play board games, card games and Minecraft, read books together and do some of his schoolwork.
“It’s not as many hours as we used to have,” says Vlinder, “but it is much better than nothing for everyone involved.”
Vlinder has also taken “digital nannying” a step further by offering a free storytime every day via Zoom. She’s made it a public offering, too, which has allowed her to meet new children and their families.
“I miss all my families and their children dearly,” Vlinder adds. “I read one or two books and we talk about them together. I try to choose books that speak to our current time, but we also read silly books, books with songs and toddler favorites.”
Teach kids a skill online
Along the same lines, if you have an expertise, mention it to parents or in your online profile.
Using a free video conferencing platform, like Zoom, you may be able to:
- Teach kids about nutrition, exercise and fitness.
- Give a kid-friendly cooking lesson.
- Teach kids to speak a new language.
- Tutor kids in a subject where you have some education or training.
- Offer classes or activities via Care.com Explore.
Consider quarantining with a family
While many families continue to need child care, they also want to keep everyone safe and lower the risk of spreading the virus. Hiring a nanny who can temporarily stay quarantined at home with them is one way to lower that risk.
“I have heard there are a few jobs out there for nannies willing to quarantine themselves in the same household as the family they work for,” says Vlinder. “If the ‘stay-at-home’ directive lasts more than a couple months, I will probably look for this kind of job, although it will be very hard to leave my own house and family behind.”
6. What assistance may be available to me while I’m out of work?
“Under certain scenarios, but not all, caregivers may be entitled to benefits under unemployment insurance, Families First Coronavirus Response Act (FFCRA) and the CARES Act (the stimulus bill),” says Weinstein. “But, this depends in large part on whether the employer/employee relationship was legal and on the books. If it is, caregivers may be entitled to unemployment, paid leave and/or temporary disability — again, depending on several factors.”
Here’s an overview of assistance that may be available to you, depending on your situation:
For more details and information, “Speak with a lawyer in your area to discuss your rights, obligations and any potential benefits you’re entitled to,” says Weinstein. “There are constantly new developments at both a state and federal level that are meant to provide assistance to those who previously wouldn’t have any.”
Read more:
How to file for unemployment if you’re a caregiver
How the Families First Coronavirus Response Act affects families and their caregivers
What families and caregivers need to know about the CARES Act
