Are nannies allowed to go back to work?

This is what level 4 means for your nanny’s return to work:

• According to reports on Parent24, Advocate Kaiél Grobler from LAW FOR ALL for insight says, “It seems that some people can go back to work in private households. Under lockdown level 4 regulations, it’s still necessary for South Africans to stay at home as much as possible but they can, of course, leave to perform an essential or permitted service.
• “According to the level 4 regulations, only live-in staff and those who care for the sick, mentally ill, elderly, people with disabilities and children, may return to work in private households,” adds Grobler.
• Many moms have taken this to mean that their childminders can return to work in May, but not their domestic workers.
• But Grobler has also advised that employers should give their nannies proof of employment that they can produce, saying: “It’s a good idea to give an employee a copy of their work contract, to keep as proof of their position and to confirm that they are indeed allowed to return to work in level 4 lockdown”.
• But employers must also adhere to Covid-19 safety precautions. Grobler advises that families must keep in mind that they as employers also have a responsibility to create a safe workplace and to minimise the risk of exposure to Covid-19.

According to reports on Cape Talk, labour lawyer Michael Bagraim claims that there are grounds for live-out domestic workers and caregivers to return to work under level 4. Bagraim says domestic workers, including live-out employees, may return to work under the following circumstances:

• provided they’ll be caring for the sick;
• provided they’ll be caring for the mentally ill;
• provided they’ll be caring for the elderly;
• provided they’ll be caring for people with disabilities;
• provided they’ll be caring for children.

The labour lawyer advises employers to give their domestic workers a letter with the following:

1. Name, address and contact details of employer;
2. Name, ID number and address of domestic worker; and
3. A description of their work duties.

WhatsApp it to the domestic worker and when they arrive at work, print the letter and both sign and date it, Bagraim says.

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