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lulubelle2
14-10-2012, 07:58 AM
hi, i used to be lulubelle but i havent been on here since the forum changed and i cant figure out how to get back in as 'me'

anyway as some of you may remember i am pregnant (now 14 wks) basically i only have 1 mum at the moment but she is not impressed AT ALL, i am basically risking her whole lively hood etc, dont i know how hard she has been working at uni, blah blah blah. I have now been signed off sick for 2 weeks, mainly due to stress (i wonder why!) but i have also fainted a couple of times and doctor thinks i need to rest.

My contract states that i am not paid for sick leave so my question is is it ok to include this time in notice (should of said i am seriously considering giving notice as i just cant handle this right now and am seriously considering giving up minding altogether) Also if mum decides not to come back for the last 2 weeks of my notice period ( i am pretty sure she has already found a new minder) can i still charge her/keep deposit (which is only one week)

i can understand that she wouldnt want to keep chopping and changing the children about but i really cant afford to loose this money. i need to decide asap if i am giving notice

Muffin
14-10-2012, 09:47 AM
I don't think you can include either sickness or holiday time when giving notice :)

lulubelle2
14-10-2012, 09:58 AM
Ncma contract says something about not including paid leave. What would happen if I get signed off for longer? Does the notice period keep waiting until I am well enough to work again?

Mouse
14-10-2012, 10:44 AM
I would contact your insurance company for advice.

If mum has found somewhere else to go to & this is all causing you stress, I would let her go asap. Your health has to come first :)

The Juggler
14-10-2012, 11:18 AM
sorry to hear you are not well hon. If you want to give notice and you this mum is giving you stress and you think she's already found a minder then I'd let her go now and let her off the notice period.

She will have to find someone for next 2 weeks anyway so if they can continue it would be a shame for her not to have the chance to keep a longer term place with the new minder if you plan to give her notice anyway. Otherwise, she'll give up the chance of that place, come back to you and then you give her notice. Also, as you say, you might be signed off for longer she'll need someone anyway even if you weren't giving notice :(

I know you say about needing the money but in reality if you are signed off for longer you could be 4 weeks with no pay anyway so it would be no different to her paying no notice - if you see what I mean. Given you are already stressed I don't think its worth the argument and aggro honey.

I know others have been on long term sick before but I don't think you can expect parents to wait until you are well again to start the notice period that you or they want to give - does that make sense?

lulubelle2
14-10-2012, 11:29 AM
Would I have to return deposit or could I use that and say I am willing to let you off the rest etc, hubby is not happy about me throwing money away but at the mo I don't want the argument. I always thought I would love childminding (after yrs as a nanny) but i have spent the last few months hating it!

The Juggler
14-10-2012, 09:04 PM
Would I have to return deposit or could I use that and say I am willing to let you off the rest etc, hubby is not happy about me throwing money away but at the mo I don't want the argument. I always thought I would love childminding (after yrs as a nanny) but i have spent the last few months hating it!

that depends what your deposit was stated as being for in your contracts hon and how much it was for. If it was against the last month's fees in notice period then I would give notice when you are ready and use it to cover the notice period but obviously if you only work part of the notice period then you would need to return the difference.

Mummits
14-10-2012, 09:21 PM
The NCMA contracts (which I use) say that the notice period excludes any period of unpaid leave. So in other words, I could not give notice whilst on holiday or sick, but neither could my parents. In theory, I think that means if I wanted to give notice, I would have to be working at the time, and the notice period would run for a full 4 working weeks.

As I understand it, there is nothing to stop the parties to the contract agreeing to shorten or dispense with the notice period. If the parents came to you and said they wanted to leave without notice, I think you could possibly say okay but I will retain your deposit. But if you want to quit without serving notice, or have no real intention to return to normal working once your sick absence is over, I think they could reasonably expect their deposit back - at the very least. Again as I understand it, they could claim from you any expenses they incur as a result of you being unwilling to meet your side of the contract - such as paying a premium rate for emergency childcare or loss of earnings if one of them has to take time off work.

So you could hang on and hope that they will seek to terminate your contract, but unless you are ready to work out your notice, I wouldn't risk antagonising them by trying to hang on to their deposit without providing childcare for the full notice period, as the consequences could be much worse than having to return their deposit. If they are contributing to your stress and impacting on your health as things stand, I would try to agree an amicable parting of the ways, give them back their deposit and put them right out of your mind, and I would hope that your partner would appreciate that your wellbeing is more important than winning an argument with these parents.

lulubelle2
16-10-2012, 02:34 PM
Well when i went to pick my little boy up from pre school yesterday mum practically pounced on me and said they aren't coming back, have found a new RELIABLE childminder and if you think I am paying notice you have another think coming blah blah blah so I chanced my Luck and said about deposit, I was going to let it drop but the way she spoke to me really peed me off and she said that's fine!

Well this aft I picked my little boy up again and pre school head said mum was ranting this morning because the new childminder has gone on longterm sick! Is it mean that I had a little giggle?

loocyloo
16-10-2012, 05:02 PM
Well when i went to pick my little boy up from pre school yesterday mum practically pounced on me and said they aren't coming back, have found a new RELIABLE childminder and if you think I am paying notice you have another think coming blah blah blah so I chanced my Luck and said about deposit, I was going to let it drop but the way she spoke to me really peed me off and she said that's fine!

Well this aft I picked my little boy up again and pre school head said mum was ranting this morning because the new childminder has gone on longterm sick! Is it mean that I had a little giggle?

i would have done so too! ;)

winstonian
16-10-2012, 07:40 PM
Good for you!

The Juggler
16-10-2012, 10:20 PM
well as mum has now given YOU notice I think you have every right to keep deposit :thumbsup:

Mummits
17-10-2012, 06:06 PM
Yes it sounds as if it has all worked out well. If I were you though I would confirm quickly in writing that you accept the notice given verbally on today's date and that as she has said that her child will not be attending for the notice period you are content to accept the deposit in lieu of the 4 weeks fees due. Otherwise you may find she retracts or denies giving notice when the new "reliable" CM doesn't deliver!