Can anyone help me with this problem?

**QueenoftheSouth** · 13-07-2011, 05:53 PM

I am hoping that someone on here can help me with this
I have been ill and off work this week. Parents all contacted me to say not to worry, just take week off. I was due to go back to childminding on 18th July.

Then I am on a weeks hols from 25th-29th July.
Parents of full time mindee came to see me today to say they cannot manage if I am off, that they have no leave left and are stuggling to get childcare for mindee. So they were giving me notice, 4 weeks from today.
BUT mindee isn't coming back, they have started him in the local nursery.

So parents then say "we haven't used any of our free hols, and we have 4 weeks left, so we only need to pay you for the 3 days you worked last week.

Contract says (its a Morton Michaels contract form)

This contrct may be ended by either of us giving 4 weeks notice to the other, except where I have told you in this contract that I may give/accept shorter notice than stipulated. If you give shorter notice than stipulated you will have to pay the fees to me that would be due for the remainder of the notice period.

So, I am confused, do they need to pay me for the 4 weeks notice even though the have chosen to take child out early,a nd also can they assumethat the free holidays can be taken as a reason not to pay me

I also have written on contract "as per policies" where it applies. Parents also had a copy of my policies, which clearly says "notice period cannot be taken when either party is on holiday" but doesn't say anything about parents being able to take holidays in lieu of notice

**debratina** · 13-07-2011, 06:21 PM

i am with ncma and i am pretty sure you can't use holiday as part of the notice period. so with my contract they should pay for week 1,3 and 4 as you are off week 2. why do they assume 4 weeks free holiday? have you had any holiday this year?

hope you get this sorted

**QueenoftheSouth** · 13-07-2011, 06:27 PM

I take 4 weeks holidays paid, and give parents 4 weeks free, so I could effectively get 8 weeks off. They haven't used any of theirs yet, I have had 3 weeks since January. Thats why they are saying they have got 4 weeks free to use.

It doesnt actually say "" Holiday entitlements are not to be used in lieu of notice"".
It says that notice cannot be given during a holiday period, they aren't actually having any holidays, they have taken a quick decisison to put the child into nursery full time and are trying to get round the fact that they might have to pay me for their decision

**mushpea** · 13-07-2011, 06:32 PM

do you ask for notice of holidays? if so if they havent informed you of this then I wouldnt think they could use the holiday time to effectivly pay for the last weeks,,I would think they still have to pay you.

**QueenoftheSouth** · 13-07-2011, 06:36 PM

I ask for a Minimum of 7 days notice of holidays - yet they are saying that they have already started the child in nursery.

I've enver come across this situation before or heard of anyone else having it

**flowerpots** · 13-07-2011, 06:36 PM

are you insured with morton michele? i would just give your insurance company a quick call to clarify. Hope you geit sorted. xxx

**QueenoftheSouth** · 13-07-2011, 06:37 PM

and the only holiday dates they have given me so far are for much later in the year

**FussyElmo** · 13-07-2011, 06:46 PM

Have you worked out a price which includes the holidays so you get the same pay every week/month.

If yes perhaps they think they have already paid you for the four weeks and think they can use that for the notice.

If not ring MM in the morning and see where you stand