Is a caregiver who stopped caring for a child entitled to vacation pay
Question
Shalom,
A caregiver stopped caring for a child and is demanding that the parents pay her for the vacation days proportionally (according to the percentages). Is she entitled to this?
Answer
Shalom and blessings,
If she stopped caring for the child for a justified reason, such as the child being very difficult, she is entitled to it; if not, she is not.
Source
One must examine the underlying basis of the custom to pay for vacation periods: is it included in the wages for the work already done, as an additional payment made later, or is it considered as though she is working even when she is not actually working. The practical difference is in a case where, in the month before the vacation, the employment agreement was terminated (as in the case where the child was taken out). If it is deferred salary for past work, she is entitled to it; but if it is considered as if she continues to work, then here, in the previous month, she was already not working.
