7 Steps to Meet the Legal Requirements for Employing a Nanny

Jason Carr • Feb 28, 2021
You’ve advertised for the role, interviewed perspective nannies and now you’re ready to make a job offer. But how do you make sure that you are meeting the legal requirements for employing a nanny in New Zealand? 
There’s a lot to think about. Nannies should be treated as employees, not independent contractors, which means that you become an employer. This brings complications, and obligations, that can be overwhelming for those who haven’t been an employer before. 

In this article, we’ve outlined 7 key steps that will help ensure families employing nannies are meeting their employer obligations from a legal perspective.
1. Check your Nanny’s right to work in New Zealand
A person can’t be employed if they can’t legally work in New Zealand. This is a responsibility of the Employer and you must check that your nanny has the correct right to work, before she begins employment.
People who are entitled to work in New Zealand are:
  • New Zealand or Australian citizens (including people born in the Cook Islands, Niue and Tokelau), or
  • have a New Zealand residence visa, or
  • have a New Zealand work visa or a condition on their New Zealand temporary visa showing they are allowed to work here;
For nannies that aren’t a New Zealand or Australian citizen, you are able to check their visa through the Immigration New Zealand website – VisaView
2. Know the statutory requirements

Employers should be aware of what their minimum requirements are. Even if it is your first time being an employer, it is a requirement under law, to give your nanny their minimum entitlements. This includes ensuring that you:


  • Pay nannies what their employment contract states, and at least the legal minimum wage.
  • Give the nanny at least four weeks’ annual holidays.
  • Give the nanny the day off on 11 public holidays or give them an alternative holiday if they work, if it is a normal working day for them.
  • Pay at least time and a half if your nanny works on a public holiday.
  • Give employees at least five days’ sick leave per year.
  • Act in good faith and with honesty.
  • Provide a safe workplace.
  • Do not deduct money from wages unlawfully.


For more information check out the Employment NZ website: https://www.employment.govt.nz/starting-employment/rights-and-responsibilities/employment-responsibilities/

3. Sign a written employment agreement

The relationship between a nanny and their family is one of employer and employee. This means that you must have a written, and signed, employment agreement before your nanny begins work


The employment NZ website sets out some guidelines around what is required from an employment agreement, as well as providing some useful templates.

4. Collect the necessary tax documents

Once you’ve agreed on the terms of employment, and signed a contract, you need to make sure you are meeting your legal requirements with the tax department.


To ensure that you pay the correct tax deductions, you will need to collect the following documents from your nanny:


  • Completed tax code declaration (IR330)
  • Completed Kiwisaver forms (KS2 or KS10)
  • Bank account details
  • Any other relevant information


In addition to that, you will also need to make sure you are filing the necessary returns with the IRD each month. The IRD has some useful guidelines around what is required when you become an employer

5. Provide an induction

While it is not technically a legal requirement for employing a nanny, providing an adequate staff induction is an important part of any employment relationship.


The employment NZ website provides an excellent guide on what you should include in your induction.


One thing that we see is as important for a nanny’s induction is a robust health and safety plan. In particular, this should cover what would happen in the event of a natural disaster – i.e meeting points etc.

6. Select the correct ACC code

Paying ACC is a legal requirement of any employer. You will be responsible to pay Workplace Cover as this is the standard cover for all employers. It provides cover for your employees' rehabilitation and weekly compensation after an injury.

 

While there is no way around not paying your ACC bill, it is important to make sure that you select the correct ACC rate. Your ACC is calculated as a percentage of your total employee costs and the rate will vary from industry to industry depending on the deemed level of risk involved.


We recommend that families should use the ACC code “Child Minding Service – in the home” which has a BIC code of S953920.

7. Issue a payslip

Last, but not least, is making sure that you meet the legal requirements for your payroll. One of these aspects is making sure that you issue your nanny with a payslip for each pay period. This is an important aspect of payroll as it gives the nanny confidence that their pay has been calculated correctly.


If you are struggling with issuing a payslip, or don’t have the software to allow this, then do give us an email and ask us for assistance.

About Pay The Nanny

Our mission is to make it as simple as possible for households to manage payroll for their nannies.​


Pay The Nanny provides friendly, accurate and flexible nanny payroll services to nanny employers. We take care of everything to do with PAYE, ACC, holiday pay, sick pay, maternity leave and Kiwisaver.


For more information, check out our website at www.paythenanny.co.nz. Make sure you give us a like over on our Facebook page too.

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