A.  Yes.  In order to be completely thorough, leaving as little ambiguity in your employment relationship as possible, your nanny contract should address sick days.

Your nanny contract should discuss how many sick days your nanny will be allowed per year and whether he/she will be paid for those days.

You should be aware that the Fair Labor Standards Act (FLSA) does not require you to pay your nanny for hours not worked.  So, under federal law, you are not required to pay your nanny for sick days.

If you choose to pay your nanny sick days, remember to include how much your nanny will be paid for sick days and how many days he/she is afforded in the nanny contract.  Also of note, unlike vacation time, sick leave is not treated as a form of wages. Accordingly, parents are not obligated to pay nanny accrued and unused sick leave when nanny’s employment ends.

For more information on the FLSA’s treatment of sick leave provided by the DOL please click here.