Giving 4 weeks notice to end childminding with Christmas and New Year inbetween

[Liz713]

Hi Everyone

Please can anyone advise if I am able to give 4 weeks notice as per contract to stop minding and start a new job(something I have spent lots of time agonising over but I'm just not enjoying it and want my home back) with 2 weeks of not working at Christmas/new year being in the 4 weeks notice.

All my current mindees don't attend in the school holidays and don't pay a retainer. The 2 weeks I am having of is the school holidays so I wouldn't have any children attending if I wasn't on holiday. I also do not charge for my holiday or when my childminding service is unavailable.

My question is can I give 4 weeks notice and 2 of those weeks being the above holiday or do I have to give 6 weeks due to the 2 weeks holiday.

I use ncma contracts and it says: Period of notice to end contract 4 weeks - (Notice of termination of the contract must be given in writing and should not be given during a period of holiday of either party or Childminders paid time of)

Any advice/help greatly appreciated

[mr man]

I have just been given notice for mindee and I have used the next 2 weeks and my 2 weeks holiday as the 4 weeks. Parent asked me what to do, and I replied with the above as per contract.

I do my own contracts and as it says 4 weeks, that is the 4 weeks.
Surely it would / should say 'payable 4 weeks' if you wanted to consider the holidays.

[The Juggler]

i'm sure special conditions apply for term time only contracts. i would check with your insurer. It might depend on whether you are paid or not. At the end of the day it's the notice that is important. You are not shortening their notice period as the children would not have been with you anyway so they still have 4 weeks to look for alternative care.

If you normally charge for the time they are not with you, you could return the money or discount it maybe.

best to check it out though to be watertight.

[Liz713]

Thank you both very much for your advice.

I'm the same as in I think I can just give 4 weeks notice as I'm understanding the contract I have with the parents is -- I only can't give 4 weeks notice if I am having paid holiday as that is what it refers to in the small print.

As I also don't charge the parents any fees/retainer for the school holidays aswell as not charging for my own holidays it would only seem fair that I can give 4 weeks otherwise if I wanted to give notice in July when they broke up for the summer I would in effect have to wait 6.5 weeks until they started coming again in September to do it.

I spoke to the NCMA to get their view and they said I should give 6 weeks as I am on holiday for 2 weeks but I don't think I made it clear to the person that I spoke to it is unpaid holiday and I would have not have the children at this time anyway as it is the school holidays and neither do I receive any payment from the parents for school holidays as they only come in term time. I'm thinking I may e-mail the NCMA on Monday so I can explain it in writing to them as it's really difficult to explain over the phone and if they come back with the same answer as before I will give 6 weeks notice and pray that the company will put the start date of my new job back for me. xx

[The Juggler]

sorry to hear NCMA didn't give you the answer you wanted i really don't understand that clause of their contract. I totally understand that if you were due to give 4 weeks notice and then not be working for 2 weeks of that period leaving them short of care, that you would need to extend it but if you were never going to work that period anyway, parents would already have arrangements in place and their time to find a new care arrangement is still 4 weeks regardless

[Ambersmum]

Personally I don't think parents could easily find a childcare alternative over the Christmas holidays as lots of childminders will be closed. So that only gives then 2 weeks notice really! I understand your predicament though, notice periods can be awkward.

[miffy]

Is it worth speaking to the parent? If you have a good relationship with them then they might be happy to accept the four weeks notice including Christmas holidays - as long as you cover yourself by getting parent's agreement in writing then I don't see a problem.

Miffy xx

[Liz713]

Thank you everyone for your replies.

I have cancelled my 2 weeks holiday over Christmas/New Year and told my parents in writing that my service is available for their childrens hours if they would like to use it. I have asked that they let me know within 7 days if they want to do this so I can arrange invoicing them etc as mine pay in advance on the 01st of each month. I don't think any of them will want to as they all have school holidays of work but I have given them the opportunity so it can't come back and bite me on the bum contract wise.

I have spoken to all the childminders in my area and got details of their spaces so I can pass onto the parents if they want them and I have also spoken to new employer and they have said we can delay start date by a few days if we need to.

But I still feel really bad and sorry that I am letting lovely people down just because childminding isn't for me, especially the ones I am holding deposits for that would have started with me in the next few months. (I am sending them a letter and returning their deposits) xx