A common question when families hire a caregiver is: do nannies get paid overtime? The quick answer: yes, generally, but the specifics depend on the province.
Working overtime is a difficult task for anyone, but especially for nannies with families of their own. Whether you’re hiring a nanny or you are a professional nanny, here’s what you need to know about overtime pay:
How much overtime are nannies paid?
Overtime payment for nannies is regulated separately by each province’s Employment Standards Act (ESA) or similar legislation.
In Ontario, nannies, like most other employees, are entitled to overtime pay at 1.5 times their normal hourly rate once they have worked 44 hours within one work week.
British Columbia has both a weekly and a daily threshold. Employees, including nannies, are entitled to 1.5 times their normal hourly rate after 8 hours, and 2 times their normal rate after 12 hours within one day, even if they do not reach the weekly limit. They are also entitled to 1.5 times their normal hourly rate for any time over 40 hours worked within one week; however, only the first eight hours worked in a day count towards weekly overtime. On statutory holidays, nannies must receive an average day’s pay plus 1.5 times the usual rate for the hours worked.
The situation is quite different in Alberta: instead of the 44-hour limit offered to most other employees, this province’s ESA provides for an exception for nannies and other domestic workers. For shifts less than 24 hours, overtime is paid for hours worked in excess of 12 hours a day or 264 hours in a work month, whichever is greater, and for 24-hour shifts, overtime applies once the 264-hour threshold is reached. Overtime is paid at 1.5 times the normal hourly rate.
For regulations elsewhere in Canada, consult your province’s Ministry of Labour.
What about live-in nannies?
Provincial labour laws do not generally distinguish between live-in and live-out nannies when it comes to overtime, but it’s always a good idea to consult your province’s Ministry of Labour to make sure.
How should you keep track of overtime?
For any nanny who regularly works more than your province’s daily or weekly overtime threshold, set up a system to keep track of hours so both the employer and child care provider know how much the nanny should be paid. You can use a time-tracking app or set up a shared spreadsheet using Google Drive to keep the nanny’s time on the clock organized. Then, come pay day, add up the extra hours and the time-and-a-half rate.
