Do I need to pay for hours missed?

amother

Fri, Oct 15 2010, 9:43 am

I have a babysitter who makes 100 dollars per day, 5 days per week. She works 9.5 hours a day. So she makes just about 10 an hour give or take some change.
When I hired her, I gave her 5 paid vacation days and unlimitted sick days (based on trust). She took all 5 days already and then some and to be nice I ended up giving her 6 days paid vacation. And then she got called to show up at a courthouse to possibly serve on jury duty and I paid her for that day too. I wasn't sure if legally I was supposed too. She has come late to work for different reasons and I never took off pay because I wanted to treat her wello so she would treat us well, but money is very tight these days .
My babysitter told me she got a call from her dr. about coming in to take the flu shot. She said she also needs to have a physical at the same time. She said her dr. does not have hours on Saturday so she needs to take off work to go. She went this morning and she normally starts at 8 AM and she told me she doesn't expect to get to me before 1130 AM today.
Do I need to still pay her for a full days work? Can I deduct 10 per hour that she is not working for me today?

imabima

Fri, Oct 15 2010, 9:48 am

It seems like she may be taking advantage of your trust and your extreme generosity. I think you should speak to her again about 'sick' days and clarify what that means. I don't think it means that she should get paid time off when she's perfectly healthy to go to the doctor.

MiracleMama

Fri, Oct 15 2010, 10:14 am

This doesn't fall under sick time. This is personal time off. I wouldn't pay it. Or I would pay it if she was willing to make up the hours (and you actually had some need of those extra hours at another time - say, having her stay late one night so you can go out to dinner or something along those lines).

mimimom

Fri, Oct 15 2010, 11:26 am

You need to talk it over with her. There is no right or wrong here; it depends on what you've agreed upon. Since there seems to be a difference of opinion you need to sit down and calmly go over it. Did you make the original agreement in writing? If not this would be a good time to do so, so that you have something to refer back to.

busydev

Fri, Oct 15 2010, 1:24 pm

def dont have to pay her- you gave her 5 6 paid personal days and thats that.

also in terms of jury duty I dont think employers need to pay- I just think they cant fire them and have to let them take off to serve... but I dont think they have to pay them (I could be mistaken)

so either have her make up the time ( I like that idea) or tell her that you will figure out exactly how much she gets per an hour and deduct that amount from what you pay her for the day she is coming so late.

while it may not be worth it for a few minutes coming late or leaving early here or there- for such a significant time I think you shouldnt have to pay her.

amother

Fri, Oct 15 2010, 2:29 pm

OP here
thanks for the help.
I should have looked in to the jury duty issue - what a waste of throwing out 100 dollars for a day she didn't work. I had some major personal issues at the time and had no chance to find out watt my obligation was and it was time to pay her so I just gave her what I always give her for the week.
she showed up today at 1130 so she was 3.5 hours late. That would be 35 dollars.
she has been super helpful and cheery since she came to work. I think she is expecting the full 100 for the day. in the past I never took off if she missed half a day - she will be very upset.

busydev

Mon, Oct 18 2010, 12:25 pm

well you should talk to her. tell her that you cannot afford to pay her for days and time missed outside of the alloted personal/sick days that you give her. make it clear that you wont pay her for hours missed if she comes over an hour late (or whatever time frame you pick.)

its very normal to dock pay if you take more then the alloted time. I have had that experience a few times.this time you may have to pay the $35 (find out from a rav if you can dock pay without making it up before) but at least for the future its made clear