I've been hospitalised...what to do about fee's??

**Loushah** · 21-08-2013, 05:45 PM

Hi, won't bore with all the details but basically been in hospital since Sunday, been discharged today but told to rest for the rest of the week, so been unable to childmind.

I know I will have to refund the parents their money, however, my assistant as been on holiday this week planning her wedding (booked ages ago) so my husband had booked time off to help out.

Me & my assistant split income 60 / 40 and she has already been paid... Do I ask her to refund the money she has been paid back?

**muffins** · 21-08-2013, 05:50 PM

Do you have a written agreement with her which includes what happens if your closed for illness? If so and it says she doesnt get payed then I think you can ask for it back, however if not then I dont see how you can!

I do hope your ok and feeling better soon x

**charlottenash** · 21-08-2013, 05:50 PM

Firstly, get well soon xxxx

Does your contract state you pay your assistant holiday?

If your contract says you pay them holiday, you pay her regardless of what is happening with the setting.

If your contract says your assistant takes unpaid holiday, I don't understand why you paid her in the first place. The 40% would have gone to your assistant for the week, which is your husband.

However either way, I fear you cannot ask for the money back. If your assistant takes unpaid holiday, then you must not pay her in future for the holiday she takes. This time, unfortunately you've lost out the hard way.

Hope this helps (someone alot more experienced may come along with a better answer I'm sure)

**charlottenash** · 21-08-2013, 05:51 PM

If your contract states you do not pay for sickness closure, your holiday part of the contract should come before that, because she was on holiday before it was closed for sickness (IMO)

**Loushah** · 21-08-2013, 07:34 PM

We haven't got a contract (silly I know)...we just split income 60 / 40 and both have up to 20 days holiday a year. I think that our working relationship & friendship is worth more than the money she has been paid...so just gonna have to fork out the refund myself and hope that I am well enough to be her bridesmaid on Saturday.

Thank you all for replies it really has helped.

**hectors house** · 21-08-2013, 07:57 PM

Hope you feel fantastic by Saturday and have a lovely time at the wedding - we have a nephew's wedding and I can't wait - so nice not being Mother of the Bride for a change

**charlottenash** · 21-08-2013, 08:39 PM

Sometimes those are the best kinds of contract! Just mention to her you've been off sick, maybe she will take the hint and pay back. I wouldn't ruin your friendship over it.

Sending you lots of get well soons for Saturday and enjoy the day!

**miffy** · 21-08-2013, 09:50 PM

I hope you're feeling better soon and definitely in time for the wedding on Saturday.

Personally I think this is the wrong time to discuss the matter with your friend and would wait until after the wedding. Hopefully it will get sorted so you are not out of pocket.

Miffy xx

**The Juggler** · 21-08-2013, 09:59 PM

sorry to hear you are unwell hon. if you had had a contract, then if you needed another assistant (your hubby) to cover for her, then she wouldn't be paid as you'd need to pay your hubby.

However, i would think if you split the income with her and you HAVE paid her, then it's not her fault the children weren't able to come (i.e. out of her control) that you can't really ask for the money back.