not happy with current childminder, need advice

[Blaze]

I was thinking about that - perhaps she was waiting for the NCMA (we all know that they can take weeks on end with orders) & didn't know anyone to borrow one from? So she carried on as she would normally, then got the contract done once they arrived...?Just a thought!

I apologise for any typing errors - new keyboard & it's really stiff - particularly the a - it's driving me nuts)!

[snufflepuff]

I was thinking about that - perhaps she was waiting for the NCMA (we all know that they can take weeks on end with orders) & didn't know anyone to borrow one from? So she carried on as she would normally, then got the contract done once they arrived...?Just a thought!

Thats a good point. Although i probably would have come up with something temporary just to cover myself. I do think there must be a reason for not having one- rather than just not bothering and so on.

[dmax]

I was thinking about that - perhaps she was waiting for the NCMA (we all know that they can take weeks on end with orders) & didn't know anyone to borrow one from? So she carried on as she would normally, then got the contract done once they arrived...?Just a thought!

I apologise for any typing errors - new keyboard & it's really stiff - particularly the a - it's driving me nuts)!

hi blaze,
can you be a bit more specific please , i dont understand what your saying, also i think people arent getting the picture here, childminding was only into the 3 rd week os settling in period and i had to pay retainer !! retainers is not meant to be paid untill there is a legally binding contract in place? true or not ?

[PixiePetal]

As a CM I would have probably taken a retainer deposit to secure the place - non refundable if you didn't take the place after your hols. I would also have had contracts done before then, as soon as money changes hands, so we were both clear of expectations and fees to start after your hols.

If my hols were booked too (I don't charge for my hols) you would have been told.

Hope you get things sorted. If the care is good then other worries might be able to be ironed out. You need a meeting to sort it.

Just re read your post and realised you had already started with CMs care for 3 weeks before hols - in which case contract should have been written before that and your hols would be chargeable -sorry. Still no charge for my hols.

Just shows we need contracts to keep things clear on both sides

[FussyElmo]

hi blaze,
can you be a bit more specific please , i dont understand what your saying, also i think people arent getting the picture here, childminding was only into the 3 rd week os settling in period and i had to pay retainer !! retainers is not meant to be paid untill there is a legally binding contract in place? true or not ?

Think Blaze is trying to understand why there was no contract in place. That the cm in question was waiting for an order to come from NCMA so she worked as she would while she was waiting for the contracts to come.

I am taking that you have now signed the contract and did you mention to the cm why it had taken so long to get one.

I would have charged full for your holiday whether you were in your setting in period or not. I would not have worked for 3 weeks and then had 6 weeks without pay and no guarantee you were coming back. I dont however for my hoildays but each to their own.

Think you need to talk to your cm and see what she says about her almost using her holidays in a short time and what she will do if the contract ends early.

[moljak]

this how I would have worked.
Contract would have been signed prior to settling in period.

Did you ask why there was no contract to sign?

I would have asked for full fee for your 6 week holiday as I was still available to work.

I think it was reasonable for the childminder to ask for half fees to keep your space available.

I personally don't charge for my days off/holidays.

Did you discuss this at your first interview? meeting stage? what was said?

If you have concerns is it just the money side or are you concerned about the care?

It would be helpful if you could answer these questions to give us a better picture.I'm asking as you have been given lots of posts about what we would do and alot are similar to your childminder.I think it all comes down to what was discussed prior to the settling in period.All these questions usually come up then and are answered through discussion then contract.

[Roseolivia]

hi blaze,
can you be a bit more specific please , i dont understand what your saying, also i think people arent getting the picture here, childminding was only into the 3 rd week os settling in period and i had to pay retainer !! retainers is not meant to be paid untill there is a legally binding contract in place? true or not ?

Was your child going to the childminder her full hours through the settling in period or was it just an hour or two each week to see how she 'got along' with the minder. If she was doing her 'full proper' hours then yes she's right to ask for a retainer as you could of been using the settling in period to suit you, then not come back after your 6wks hols which would of meant you had free childcare (if minder wasn't charging for settling in) or the minder could of lost a contract to other parents.
Childcare shouldn't of started unless there was a 'legally binding contract' anyway as it invalids our insurance.

I think you should sit down with your minder and have a chat about it as it sounds like your working relationship has started off on a bad note and won't get better until you discuss these issues. Is your child happy there? If not i'd terminate your contract and find a minder who you feel happier with, maybe this minder is new to it all and is just learning what we need to do, there's so much we need to do before we start that it can be confusing, maybe that's just what's happened here regarding notice of holidays.

[tulip0803]

I would not have started caring for a child without a contract. If I was waiting for NCMA I would use one written by me until the NCMA ones arrived. As above care should not start until the contract has been signed as it is a requirement of registration in Wales (where I am) and is required for insurance purposes. However I am an experienced childminder (old) and I know this from experience.

If we had signed contracts then I would have charged full fee for your holidays as I would be unable to use the space as it belongs to your child and you are not paying for my time you are paying for a childcare place and if the place is available and you chose not to use it then it is your decision and it still needs to be paid for. I do not charge for my holidays however I take them when I choose and give as much notice as possible of any time off and a minimum of 4 weeks for a week off, is normally more.

I have a contract started this week (parents specified start date of contract at begin of Aug) and parents chose not to send LO so I charged for days LO did not come, LO is here next week but I am away the following week so no charge for that week but parents knew about my holiday before contracts were signed when they initially visited months ago.

[fluffysocks]

a contract should always be in place before any minding, and this includes settling in period. Settling in periods can be written into contracts. The NCMA contracts have a section for settling in periods.

with regards to the retainer, the childminder was within her rights to ask for it and if a contract had been drawn up from the very beginning you may well have had to legally pay the full amount that she asked for.

I think that this could lead to alot of bad feeling and perhaps you need to put what has already happened aside and start a fresh with contracts both you and your childminder are happy with, or, opt to start a fresh with a new childminder. Ultimately your child's welfare is whats important and any bad feeling between you and the childminder will most likely have an affect on your child.

If you do opt for a new childminder then please sign contracts before any form of minding takes place, as I say settling in periods can be written into the contract.

x

[ChocolateChip]

a) I would never start care without a signed contract, and without the parents being fully aware of my procedures such as holiday pay, etc.

b) we all run our own business how we see fit, personally I do not charge for any time that I take off, but I know lots of minders that do charge for their hols. I allow people who are not term time only to take 2 weeks off for free, and a further 2 weeks at half price, after that any time off is at full fee.

c) regardless of how long into the care you were, I would still charge for the 6 weeks off, as it would have been highly unlikely to have found someone else who wanted temporary care to fill the space at such short notice, I would have maybe offered the holiday option but that would still have meant you paying 3 weeks fees, which works out at half fee over the six weeks, so same as what your cm has done.

d)as a self employed person we are entitled to take time off as and when we choose, your cm should have explained clearly exactly when she was going to be off, and put her notice period in her paperwork for you.

I honestly don't think this cm is overcharging you, I think what she has done financially is pretty fair, however my concerns would be over the lack of a firm contract and the apparent lack of information. If your lo is happy and you are happy with her care then you need to do as others have suggested and ask for a meeting to clear everything up.
But if you still have concerns then I would start looking elsewhere now, and choose someone who is not only willing to share information but practically shoves it down your throat you should have been given not only a contract but access to all her policies and procedures, as with any good relationship communication, information and trust is the key, and it worries me slightly that this cm didn't have it all in place right from the start.

[snufflepuff]

also i think people arent getting the picture here, childminding was only into the 3 rd week os settling in period and i had to pay retainer !! retainers is not meant to be paid untill there is a legally binding contract in place? true or not ?

There should have been a legally binding contract in place regardless. But like Blaze said there may have been a reason for not having one avaliable to sign and therefore the cm was working as though there was a contract....she really should have explained this to you though if this was the case, and like i said earlier if i was in this situation i would have written up my own temporary contract to have in place until the official ones were delivered.

It makes no difference if you were still in the 4 week settling in period, if the cm charges for your time off you should pay for it. Its was your choice to take the holiday.

But again, without a contract she/ you could do as you wish really! You could have taken holiday without paying her and she could have replaced you with someone else while you were away!

Just curious- when you signed contracts what date was on them? The date that childcare started or the date that you actually signed them?

[auntym]

We would all ensure contract in place, but for some reason yours was delayed, the reasons you have not advised why?
Did you not fill anything out or was it a verbal agreement till your little one started properly.
Either way contract or no if you were using her services then to ask for a retainer to keep your place is fair.
If you had problem with having no contract but paying this can I ask if you told her this?
I know its not down to you so please dont think im saying this, just asking.
Are you happy with your minder?

[cuffleygirl]

Are you happy with the care you lo is being given (financial side apart)?

Did you agree terms and conditions?

What reason did she give you for not having a contract in place?

Did you question her reason for no contract?

How much notice do you have to give each other for holidays?

Did you BOTH adhere to this?


Standard notice is 4 weeks so if you took a 6 week break 3 weeks into care you would have made this clear at the interview stage?

Did 4 weeks prior to her holiday fall whilst you were away?


You need to have a two way communication about care - as childminders the hardest part of our jobs is the financial side - but is a job and in return we expect to get paid in full (subject to t&c) and on time just as you expect your employer to pay you.

We are self employed and can take holiday, sort out our own terms and conditions and if parents are unhappy with them then it is their perogative to find alternative care.

It might be quite simply that all the holiday on both sides as been taken early on in the year.

It is unfair to critize the childminder for doing something that you initially agreed to.

She is not your employee. Could you have found short term alternative care (family perhaps) for the period before your break, had your break and then started with the childminder, therefore avoiding the charge that you are unhappy about? Although she would have been within in her rights to charge you a deposit for the place, she is doing a responsible job caring for your child and enabling you to work and earn.