Paying for Days Off

[LG2014]

Hi,

I am currently training to be a childminder and I use a childminder at the moment for my two children.

My childminder tells me there a day coming up she can't have the children and that is her daughter 2nd birthday.

When she takes holidays she charges us half pay. Will I need to pay half pay again for her taking day off for daughter birthday? X

[chris goodyear]

My rule is that if I am not available there is no charge. I know some childminders charge half for parent's holidays and half for theirs but really you should look at your contract to see what yours does. I would say this is her holiday as it's a day off and no one is sick but how much holiday does your childminder take in a year? If all her holiday is already booked and this is an extra day then I don't see how she can charge you anything.

[playdayz]

I wouldn't charge, I don't charge for any time off I have, only time I charge when children r not with me is if they r I'll or half fee for holidays

[Koala]

What does is say in your contract?
I presume she has a set amount of holidays per year that you have already agreed and if she is taking this as a day's holiday? you will pay holiday pay @50% - if she doesn't want to take it as part of her holidays - I wouldn't of thought she would charge. You really need to speak to your cm - it isn't much use asking others who have no idea of your contract/agreement.
I presume she has told you well in advance out of consideration for you to make alternative arrangements, I'm sure you can appreciate birthdays are a special time for families and although it isn't 'a holiday' doesn't mean to say your cm cannot take it as part of her entitlement. Again speak to your childminder.

[bunyip]

Hi,

I am currently training to be a childminder and I use a childminder at the moment for my two children.

My childminder tells me there a day coming up she can't have the children and that is her daughter 2nd birthday.

When she takes holidays she charges us half pay. Will I need to pay half pay again for her taking day off for daughter birthday? X

I agree with other members that you should check the contract and speak with your CM. It is impossible for us to give you a categorical answer without having read the contract. But I'd be looking in particular for the following points.

Does the contract permit additional one-off days off like this? If not, then your CM has to take it as holiday, at the appropriate charge, and within the terms laid out for taking holiday.

Has your CM given you the required notice to take an odd day off or to take it as holiday? This should be specified in the contract, to avoid either party springing a sudden absence on the other at short notice. If your CM has failed to give sufficient notice, then you don't have to agree to her taking the day off.

Does the contract allow single days to be taken as holiday, or does it specify that you/she have to take a week or 'blocks' at a time? If your CM is trying to take a day when the contract specifies holiday must be taken as full weeks, then you can hold her to the contract or refuse to accept the holiday 'request'.

If your CM insists she will close and refuse to provide care, and she has no right to do so (within the contract), and you don't agree to it, then your CM is treading on dangerous ground. In my view, she would be in breach of contract; have no right to charge you anything for the day in question; possibly be liable for your alternative childcare costs or loss of earnings (not 100% sure on this, as it is a 'consequential loss' which can be a tricky area of Law); and you'd probably be within your rights to give immediate notice with no further payment obligations. BUT, I stress this is merely my opinion and it should not be taken as 'advice'. I am not qualified/competent to give advice, so you'd need a proper solicitor to look at this if that's the way you want to go.

As a rule, you should both follow the contract. But, you can ignore the contracted terms and arrange something else as long as it is by mutual agreement. That means you'd both have to be happy with it; you understand you aren't permanently changing the contracted terms; and neither party is expecting a favour in return at some future date (ie. they don't "owe you one".)

You don't have to do this, but it's sometimes better to gain a little goodwill and maintain good relationships than to put your foot down and demand your rights every single time. CMing is a real balancing act between maintaining goodwill and trying not to become an absolute doormat. You'll almost certainly come across this even more as a registered CM than as a parent. You need to know how to choose your battles and when to let the Wookie win. And I doubt if any of us can say we're perfect when it comes to that.

[Mouse]

As Bunyip says, none of can say unless we have seen your contract.

Has she said she is charging you for the day?

[alwaysright]

i personally charge full fees for parents holidays and 50% for my own holidays with a maximum of 20 days a year, anything after that is unpaid,, i can use my leave as i choose and not just in full weeks as long as i give 4 weeks notice, so if she if taking the day as a holiday and has given the correct notice and this is in your contract i would say yes payment would be due

[Simona]

We are on the subject of holidays and it may be useful to clarify that it is necessary to state clearly in the contract the number of weeks a cm wants to take off... ie. 2, 3 or 4 or even more and whether they are fully paid, 1/2 retainer or no pay at all.

These days very few people are given 'weeks' for holidays ...they are given a number of days which rise in accordance with length of work

It may be useful for cms to do the same and state the days they wish to take each year ...which will make it easier to take the odd day for training or private reasons
If you state you take weeks off then you may have a problem if you just want one day

[kaz26]

I don't charge if I'm sick or my children but charge half for my ore booked holidays

[LG2014]

Contract is 5 weeks so I will pay her for this date however I now confused as she says she will have one week in July/August and 2 weeks at Christmas however...

Days Holidays already taken .


2 weeks recently
2 days before main holiday
1 day for her mums birthday

And she will have this one day for daughter birthday in April.

So I make it there still 1 day and 2 weeks to take.

Have I gone wrong somewhere? X

[shortstuff]

that sounds like 6? weeks (less 1 day) to me in total? it depends on when its in the contract for holidays to run from. On the PACEY ones I put the year runs from Jan to Dec. Check and see if this is what your CM has put. If it runs from April to March for example it might fall within the 5 weeks.

[LG2014]

Hi,

I think it must be Jan-Dec as she was newly qualified when my kids went to her in Jan this year and she only has my two children x

[shortstuff]

have you tried asking as you have worked out how many she has booked and would like to know how she has decided that you would need to pay?

So long as you ask in an open way im sure your CM would be happy to answer. It might be as simple as they have miscalculated or cancelled one and forgotten to tell you,

[LG2014]

Will ask her today.

It just I rather know so I can find alternative care. Hubby says to ask when they start from like you mentioned in case it is April-March x

[smurfette]

Could be she is counting the second week at Christmas as next year and hols
As jan to dec?

[Mummits]

I work to school years = so September to August. There is no particular reason why she should do January to December. You need to ask her.

[Simona]

Contract is 5 weeks so I will pay her for this date however I now confused as she says she will have one week in July/August and 2 weeks at Christmas however...

Days Holidays already taken .


2 weeks recently
2 days before main holiday
1 day for her mums birthday

And she will have this one day for daughter birthday in April.

So I make it there still 1 day and 2 weeks to take.

Have I gone wrong somewhere? X

It is a bit confusing as your cm takes weeks off at times then the odd day off...the only way to resolve this is to make sure it is clearly stated on your contract the actual 'number of days' in total and when the leave period is Jan to Dec? or April to March ...we all vary

Only you can do that as it is your contract...ask for a review and then all will be clear in future

[LG2014]

Well I asked and she said it 5 weeks as stated in contract and it Jan-Dec.

I told her if that the case then she has just one week and one day left to take.

She said she needs to go away and think days through x

[shortstuff]

there you go all sorted with a good open conversation. Hopefully it will strengthen the relationship between the two of you too. Bet you are feeling better now. Well done.