What’s your obligation to a pregnant nanny

UPDATED: Oct 1, 2022

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What’s your obligation to a pregnant nanny

My nanny who just started with our family 5 months ago recently told me she was
pregnant. We planned to keep her employed the entire length of her pregnancy as
long as she physically is able to. However, she requested 6 weeks off which we
are unable to accommodate we really are unable to accommodate any extended
leave and currently coordinate her vacation time with our vacation schedule.
Other days/times of time off are dealt with on a case by case basis. Please
advise. Thank you.

Asked on February 5, 2019 under Employment Labor Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You don't have any obligation to give her 6 weeks leave. Your state does not have any laws requiring you to give her leave; the federal Family and Medical Leave Act (FMLA) does not apply because you are far too small an employer (you don't have 50 employees, we assume); and a 6-week leave is not a "reasonable accommodation" for you to make to your nanny, since it puts an undue burden on you. You can refuse her this leave and replace her if you choose (not hold her job) if she stops working or unilaterally tries to take leave.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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