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What are the rules re maternity pay for childminders?

(22 Posts)
qumquat Sun 13-Nov-16 07:23:17

My childminder is on maternity leave at the moment. I've been paying her in full so far (3 weeks) but I'm struggling with paying double childcare. DP thinks we shouldn't have to pay her at all as she's self employed. She was originally only going to take 2 weeks and I was adamant we were going to pay in full for that. Now it's 4 weeks and potentially longer (completely understandably!!!) and I can't afford to keep paying in full but wondered if I should still be paying something? Thanks

ItsASunnyDay Sun 13-Nov-16 07:26:54

Do you mean nanny? I'm not sure you'd have to pay a CM anything, as they are self employed and should claim maternity allowance?!

VodkaValiumLattePlease Sun 13-Nov-16 07:27:40

It entirely depends on your contract, your DH is right that self employed people aren't automatically entitled to things like maternity leave and holiday leave but if they put it in their contract then you have to pay it or give notice.

WackyWalrus Sun 13-Nov-16 07:27:55

You'd pay nothing to a childminder.

insancerre Sun 13-Nov-16 07:30:03

I'm pretty sure you don't have to pay a childminder while she is on maternity leave
Most childminders would help you by finding alternative care for your child not charge you

BrassicaBabe Sun 13-Nov-16 07:32:04

Even if you were paying a nanny maternity pay the government reimburses you.

The CM should (and probably is!) claiming maternity allowance and you should be paying nothing.

honeysucklejasmine Sun 13-Nov-16 07:42:55

What? As a self employed person on Nat leave, I can assure you.. I do not claim money from the people who hire me. I am not an employee.

What does your contract say?

RNBrie Sun 13-Nov-16 07:49:17

If you're paying statutory maternity pay you should be claiming that back from the government.

If you're paying her enhanced maternity pay like some bigger companies do then you can't claim that back (you can only claim the statutory bit).

If she's self employed she should be claiming maternity allowance and you shouldn't be paying anything.

Check your contract.

ElizaSchuyler Sun 13-Nov-16 07:49:51

She should claim Maternity Allowance from the government. You shouldn't be paying her.

idontlikealdi Sun 13-Nov-16 07:55:20

I'm not sure why you're Paying her at all unless it's a specific of your contract?

anotherdayanothersquabble Sun 13-Nov-16 08:03:26

Even if its in your contract, I do not believe it would be enforceable. She is self employed unless she works for you and is limited to what else she can do because of her arrangement with you, you dictate her time and location of work and she is not free to work for anyone else as it would be in the case of a nanny. Child minders are usually self employed and no maternity pay is due.

JeanGenie23 Sun 13-Nov-16 08:03:32

Contract definitely needs to be double checked.
Just to clarify for the purpose of this thread; you call her a CM, do you mean nanny or babysitter, or is CM right?
CM (the ones who pay their National Insurance) are entitled to Maternity Allowance, it's about £180 per week. However if she hasn't been working long enough or not paying NI then she may not qualify for it.

However whatever the set up, if you can't afford to pay her and a second lot of childcare (who could?!) then you need to speak to her directly and sort it out. If it is in the contract that you pay for her maternity, I am not sure where you would stand legally and I would suggest you get legal advice.

itlypocerka Sun 13-Nov-16 08:46:07

No-one is expected to pay twice when people are on maternity leave. If you are actually liable for paying maternity pay then you can claim it back from the government. I think she's pulling the wool over your eyes and getting money she isn't entitled to.

Cindy34 Sun 13-Nov-16 08:59:51

What happens if you stop paying? The service is not available so no reason to pay for it. They may give your space to someone else but that space does not exist right no as no-one can use it.

AnnetteKertan Sun 13-Nov-16 09:05:02

She shouldn't be claiming maternity allowance if you are also paying her as it is to make up for lost wages during maternity leave. If she is claiming then she's £139 a week better off. (assuming of course cm is self employed)

NickNacks Sun 13-Nov-16 09:07:32

How odd!

HSMMaCM Sun 13-Nov-16 09:16:17

Does she have any paid holiday in her contract? Is she treating it as holiday?

If not, say you were happy to pay the two weeks, but can't pay any more.

Groovee Sun 13-Nov-16 09:23:06

Should she not be claiming maternity allowance? I certainly wouldn't be paying her in full when she is not available to care for your DC.

HSMMaCM Sun 13-Nov-16 10:03:02

Sorry. My post is assuming she is a self employed child minder and not a nanny employed by you. And in the uk

qumquat Sun 13-Nov-16 17:40:46

Thanks everyone. Just to clarify, she hasn't asked for any money from me at all, and she has found us alternative childcare. I just felt it was the right thing to do to pay her, particularly when she was only taking two weeks off. She's an amazing cm who always goes above and beyond so I stand by that decision. Unfortunately she's not well which is why she had to extend her leave. I just wanted to check it was ok to not pay as I feel terrible about it. It's harsh being self employed! Thanks everyone.

HSMMaCM Sun 13-Nov-16 17:49:17

You sound lovely. I'm sure she really appreciates the 2 weeks pay.

PotteringAlong Sun 13-Nov-16 17:55:14

It's definitely ok not to pay her!

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