Nanny Having Tea at Her Friend's House with Your Baby: What is Legally Permitted (or Not)

Entrusting your child to a nanny requires blind trust, but this relationship is primarily based on a well-defined legal framework. While outings to the park or library joyfully punctuate the little ones' days, certain geographical or medical liberties completely fall outside the lines. Let's take a closer look at the rights and responsibilities of your nanny to avoid misunderstandings and approach your child's care with peace of mind.

The Nanny's Approval is Strictly Linked to Her Home

When signing a contract with a licensed nanny, you validate a childcare location examined by the departmental council for its safety and layout conditions. This implies that care must necessarily take place at her home or within a Childcare Assistant House (MAM). If your nanny has a friend who is also a childcare assistant and decides to spend the afternoon at her house with your baby, know that this practice is prohibited without your prior written consent.

The approval is strictly personal and does not transfer to others, even to a colleague in early childhood. In the event of an accident at this third party's location, your nanny's insurance could refuse to cover damages, exposing both parties to serious legal consequences. Joint outings in suitable public spaces like the media library or public garden are generally welcome, as long as each professional remains responsible for their own children, but visits to private homes should remain exceptional and pre-approved.

Also read: How much does it cost to have your child cared for by a nanny?

The Employment Contract Defines Geographical and Medical Limits

By choosing this mode of childcare, you take on the role of a private employer. Beyond the mandatory declarations on the Pajemploi website, which guarantee your employee's social rights such as health coverage and retirement, the written employment contract is your best tool for establishing a reassuring framework. This document should detail the permissions for outings, specifying accepted regular locations and modes of transportation.

It is also within this contractual framework that health and safety issues are managed. A nanny can never administer medication, not even a simple paracetamol in case of a fever, without a recent medical prescription and your written authorization. Furthermore, she cannot drive a child to the doctor or hospital in case of illness; your role is to take over or contact emergency services. Finally, the contract must list the individuals authorized to pick up the child by name to avoid tensions, especially in cases of parental separation.

The Professional's Vigilance Must Remain Total and Exclusive

Working from her own home involves juggling daily life imperatives and professional obligations, but your baby's safety allows for no ambiguity. Several common actions are prohibited to ensure constant attention. The nanny cannot run personal errands with the children in her care, as these trips are not covered by her professional insurance. Similarly, she should not receive visits from friends or family during her working hours to maintain her vigilance.

Also read: Nursery, nanny: signals that should immediately alert parents

In the home, safety imposes strict rules that prohibit, for example, giving baths to children. Caring for a baby in water requires exclusive attention and would mean leaving other children unattended, which constitutes a major lapse in vigilance. At bedtime, the same rigor applies: pillows, blankets, and bumper pads should be avoided in favor of a suitable sleeping bag to eliminate any risk of suffocation.

If you discover that your nanny has habits that stray from this legal framework, don’t panic. The key lies in open, transparent, and kind discussion. You can certainly remind her of your expectations regarding outings and update your employment contract to reflect your choices as parents while valuing the professionalism of the one who accompanies your child daily.