Is THIS in Your Nanny Contract? These New Worker Rights Could Make or Break Your Deal!
At My Household Managed we take pride in supporting families with their employer responsibilities to ensure the most current worker rights are always honored. While this isn’t the most warm-and-fuzzy topic, it is crucial to a professional and successful working relationship with your nanny.
Why is a nanny contract important?
On January 1, 2022, domestic workers received their right to a written contract in Chicago. This change gave domestic workers, such as nannies and household managers, and their employers a way to clearly and legally establish roles and responsibilities. This requirement also eliminated many gray areas of employment for many domestic workers who had previously relied on verbal agreements or unofficial written job descriptions to determine their employment boundaries.
Since there’s no governing body dictating what must be part of a domestic worker’s contract, many have learned to create their own. Many families and nannies have used sources such as Nanny Care Hub, the A-Z nanny contract, or sample contracts promoted by the city of Chicago.
My Household Managed already negotiates contracts for all of its families and nannies that consider current policies, so this change didn’t greatly impact our clients. We always use our original agreement meant to protect nannies, household staff, families, and their children. We include confidentiality clauses, social media clauses, household rules, and more.
Inside every nanny or household employee agreement, we also outline policies that are in line with domestic worker rights to set expectations and protect household employees.
Recent changes to the Domestic Workers’ Bill of Rights will affect MHM contracts.
What’s changing for nannies and families in 2023?
According to GTM Payroll, “Last month Illinois Governor J.B. Pritzker signed into law amendments to the One Day Rest in Seven Act (ODRISA), which is one of four bills that make up the state’s Domestic Worker Bill of Rights.”
These amendments will take effect on January 1, 2023 and do not apply to part-time employees working less than 20 hours or less each week.
This update to the Domestic Workers’ Bill of Rights affects all contracts and agreements between employers/families and their household staff. This change will impact MHM families, nannies, and other household employees and we’re here to ensure that the changes are easy to understand.
For families to provide their household employees with appropriate working hours and schedules, they’ll need to stay on top of these changes. We also hope to help nannies understand their new rights to ensure they are being treated equitably in their workplaces.
We also will be providing updated 2023 contracts to our families to ensure compliance with the new domestic worker rights.
Here’s exactly what you need to know about the new meal break and time off requirements for your nanny
Day of rest requirements in Illinois for 2022 and prior years stated that a household employee needed to receive one day off every calendar week. The update to this requirement states that an employee should receive one day off every rolling seven days. Under the new amendment to ODRISA employees should not work more than six consecutive days and their day off must be a full 24 hours.
Another amendment changes when meal breaks should be permitted. The current standard is one 20-minute break every 7.5 hours, with the break provided in the first five hours of work. The updated standard is one break for the first 7.5 hours and then another 20-minute break for every additional 4.5 hours worked.
Because meal breaks can be particularly tricky for nannies and other care providers, it is important to define when these breaks are allowed. If a nanny volunteers to skip their meal breaks, this should be clearly stated in your contract and well documented so that employers will not be held liable for missed breaks.
Don’t forget to post worker’s rights in your home!
The Illinois Department of Labor has provided printable posters that include ODRISA’s new requirements and how employees can file complaints if violations of their rights occur. Household employers are required by law to post these notices.
The consequences of not honoring domestic worker rights
Ultimately, it’s best to simply avoid any violations or offenses when it comes to your household employee’s rights. If a violation does occur, you’ll face up to $250 in fines for each offense and up to $250 in damages to each employee for the offense. In addition, failure to post information on workers’ rights can be considered a civil offense that is also subject to a penalty of up to $250.
Upholding your responsibilities as a household employer maintains your reputation as a family, contributes to the long-term retention of quality care providers, and makes the employment relationship more enjoyable for everyone!
You’ve got enough on your plate in your day-to-day life — let us make your life easier by handling your unique household staffing needs.
If you are a family looking to hire a nanny, household employee or other home service, submit an application with My Household Managed.
If you are a professional nanny, house manager, or other household employee looking for a job, apply at My Household Managed.
Related Articles:
