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Special cases of employment termination
special case firing nanny

Breach of contract in specific situations

You may need to put a stop to the childcare in special situations. But breaking the contract while your nanny is pregnant, on parental leave, or unfit to work means you are subjected to specific rules. The case of an undocumented nanny will be considered in separately.


Retirement

Your nanny is of retirement age and has decided to stop working. She should of course give you proper notice but otherwise you can treat it as a regular resignation. 

You and the nanny pay into her retirement through your contribution to the CPP which she will benefit from once she has taken her retirement.


Your nanny doesn't have valid working papers.

You've just learnt that the papers that your nanny had given you at her job interview are false, and that she has actually no residency or work permit.
Therefore, you are yourself in an illegal situation by using employing (and you risk  criminal charges and a fine)...
Two options are available: lay your nanny off or propose that she obtain her papers while making a promise to hire her once she does.

Dismissal
The real and serious cause for dismissal is the irregular situation of your nanny.
You must provide a written termination letter addressed to the person named on the contract of employment as the employee.
Advanced notice will not be made.

If your nanny has lied about her identity and is not legally residing in the country you may wish to report her to the authorities. Find out more information here.

Regularization through work
You can also offer to help your nanny solve her situation. This may be possible if your nanny's working permit has expired.


My nanny is incapacitated 

Your nanny was declared permanently unfit to work after a doctor's assessment.

You must follow the normal dismissal procedure . Your nanny should be eligible for EI disability benefits. You will, like in all other cases, need to provide her with a Record of Employment.

If your nanny is unable to work following an accident at work, different procedures may apply depending on whether you are deemed at fault for the accident.


Pregnancy: your nanny is having a baby.

The primary rule if your nanny is pregnant:

 During maternity leave (parental leave included) it is practically forbidden to dismiss your nanny.
During this time, it is difficult to terminate an employee and you must prove without a doubt that the termination is not linked to her pregnancy or maternity leave.

My nanny's parental leave

You can lay off your nanny, even if she is on parental leave. This can be done if you no longer need the services of a nanny or if she has committed a serious offence. You cannot fire your nanny during her leave and replace her. 

If you give your nanny notice during her leave, it will not be effective until she is due to return to work. You will still have to go through the processes above, either working notice, lump sum or continued salary payments. Here is one woman's experience of being dismissed during her maternity leave.

See also:

The reasons for dismissing your nannyreasons firing nanny
Breaking the contract with your nanny: the formalitiesfiring formalities nanny
The end of the contract following resignation or mutual agreementnanny resigns