07-07-2009, 07:19 AM
If I were given notice for term time only children in the 6 weeks holiday (meaning I am not being paid because it is the holidays and they are termtime only) - would the 4 weeks notice have to be paid to me.

Does that make sense?

I am worried I am going to be given notice in the 6 weeks hols for 2 sisters who are term time only, if they give me 4 weeks notice then it wouldn't be fair would it, because they wouldn't have to pay me the notice period. So would the 4 weeks notice start in September?

07-07-2009, 07:21 AM
Perhaps we should put on our contracts- 4 weeks paid notice, or 4 weeks notice at full pay.

I would expect paid notice in your case.:)

07-07-2009, 07:27 AM
I'm not sure hunnie someone else will know Im sure xxx

Chatterbox Childcare
07-07-2009, 07:28 AM
If you have an NCMA contract look at the notes ont he back. They used to read that you would have to be given 4 weeks paid notice - it may still say the same

07-07-2009, 07:30 AM
I would imagine if they give you notice in the holidays then they are trying to get out of paying you.

It's down to how clear your contract is. If it's not clearly worded then you won't really have any come back.

Hope it doesn't happen! xx

07-07-2009, 07:36 AM
i thought holiday time was not in the notice period. so if term time and they give notice in the holidays it would take effect when they started back not in the holidays as you wouldnt normally have them.

07-07-2009, 08:13 AM
i thought ncma contracts stated not to include holidays making it she had to pay four weeks notice and could not give notice in hols

07-07-2009, 08:32 AM
Yes I use NCMA contracts = on the back it states

"Notice of termination must not be given during a period of the childminder's or parent(s) time off or where no fee has been given for time off. ....."

I guess I should be ok then.

I asked parent this morning if they will need me in September because the oldest child will be entering year 6 and younger child entering year 3 (and they will both be at the same school). Parent said that they would be able to walk to school together, but will have to see what the children decide to do, but will give me plenty of notice.
I told him that school breaks up for summer next Friday and that I would need 4 weeks notice after they have decided what they want to do.
He seemed fine with that.
I am just gearing myself up ready for the phone call half way through the summer hols to tell me that they don't need me anymore.
I will then say that the notice period has to be paid.

Thanks everyone x

07-07-2009, 09:49 AM
I'm going to be a bit contraversial here.........I would have thought that a term-time contract means that the school holidays are not actually "time off" (as the NCMA contracts mean) they are just periods during the year when the contract states that no care is needed.

If you charge a retainer fee during holidays and they gave you notice during the summer hols then you would obviousy charge 4 weeks worth of retainer fees during the notice period. Or if they gave you notice with 3 weeks worth of the hols left you would charge 3 weeks of retainer fees and 1 week of full fee. If however, you don't charge during the summer and they give you 4 weeks notice before the summer hols end then I wouldn't have thought you could make them defer the notice until September.

I've just been given notice by one of my families to end their term-time contract.....they have 2 weeks of term-time left and then it's the hols so I'll be charging my normal fee for the first 2 weeks and then nothing for the second 2 weeks, as I don't charge them a retainer fee.

If you wern't going to be paid for the hours anyway then you won't have lost anything! As long as you got the full 4 weeks at the money you would have earned for those particular 4 weeks then it seems fair to me to give notice in the hols.

07-07-2009, 11:49 AM
I have checked this is the past with the NCMA legal team & if it's a term time contract where a retainer is paid the retainer fee doesn't count so they either pay you 4 full weeks pay in lieu to end the contract by a certain date (ie so the contract ends during the summer hols)or pay the retainer for the holidays & then you work (& get paid full fee) the 4 week notice period during term time. HTH:)

07-07-2009, 12:12 PM
what happens if its term time contracts and no retainer is paid. I want to give notice and obviously they finish school on 17th but she has asked me if i could have him for 1 week after. where would I stand now in giving notice.

sorry i jumped on your thread :blush:

The Juggler
07-07-2009, 01:31 PM
i thought ncma contracts stated not to include holidays making it she had to pay four weeks notice and could not give notice in hols

You're right. Notice period can not include any holiday or unpaid period. Call the helpline to check