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CM: club - want to give a family notice but i took leave in Aug

(23 Posts)
Numberfour Tue 28-Jul-09 14:05:11

I have had my fill of one of my families and it is only a matter of time before i give them notice. I have booked a weeks's leave at the end of August but for financial reasons, I have had to cancel it and take on an emergency holiday cover. I have not told this family in question that I have cancelled my leave because part of the reason for wanting to terminate their contract is the very fact that i am taking this leave!!!

anyway, i am very keen to give them notice at the end of July but of course my contract says that no notice may be given during a period of leave. My question is whether I could still give notice if I inform them that due to unforeseen circumstances, I have had to cancel my leave. Then the notice period would not be in my leave period, iykwim.

I would, of course, be prepared to have their child during my cancelled leave period.

atworknotworking Tue 28-Jul-09 16:06:23

No4 What do you mean by takin on an emergency holiday cover?

Do you mean that you wont be working but someone is working on your behalf?

I didn't know about not giving notice during leave period, can you cancell leave and chuck a sicky instead? wouldn't normally suggest anything so underhand but if things are that bad, and you were taking leave for some relief then imo your own sanity should come first grin or I might have totally got the wrong end of the stick and you could have just won the lottery on saturday and need a quick out so that you can travel the world in style grin

Other thing is that is your emergency cover working in your premises as an assistant if you like or is it a local cm who you swap mindees with for emergency cover. If the latter then I would think that the mindees would come under her contract rules whilst they are their hmm possibly

atworknotworking Tue 28-Jul-09 16:07:38

forgot to ask whats you notice period?

Numberfour Tue 28-Jul-09 16:12:07

emergency holiday cover is probably not the right description: another mother approached me and asked me to look after her child til 1 Sept. I had booked leave from 24 Aug to 1 Sept but because DH are I very short of money, I said I would take on this little one til Sept and we will not go away at all this year. We quite frankly cannot go.

So I am not taking leave after all because the new child needs care during the time that I would have been off and we need the income. I have not told my permanent (and troublesome family ) that I am NOT in fact taking leave after all. As far as they are aware, I am on leave that week.

sorry - my entire post was misleading because I wrote "emergency hol cover"!

Does this make more sense? Can i cancel my leave with Child of the Horrible Parents so that I can give them notice??????

Numberfour Tue 28-Jul-09 16:13:11

notice period is four weeks

mumlove Tue 28-Jul-09 16:55:31

What days do they come to you? As you could still get 4 weeks notice in if you included this week.

atworknotworking Tue 28-Jul-09 17:08:14

if your notice period is 4 weeks there is no reason for you not to cancel your leave and give notice of 4 weeks.

I would do it , I have had a similar situation that ended in a total breakdown in relationship with the mindees parent, my notice is two weeks, but i got round that by using my terms and conditions which are on the back of my invoices, they constantly paid late from 7 - 14 days my t&c's basically say that if two weeks are outstanding then i have the right to terminate contract with immediate effect, which is what I did. It wasn't just the payment side of it, I often get late payments but when i went through all of the problems, constant agrivations and the effect it was having on the other mindees I decded the situation was untenable.

This was at the end of last year, I like working now and the other mindees are thriving, wish I had done it earlier. I would go for it, and good luck.

Numberfour Tue 28-Jul-09 17:33:55

the little one comes to me 7 hours a day, Monday to Thursday. 4 weeks' notice today would take me to 26 Aug which is two days into my leave and my contract states that notice cannot be given during a period when either party is on leave.

do you reckon i should wait until after my leave or would it be legitimate to cancel my leave (which for all practical reasons I am doing anyway) and then give them notice?

TheIronLady Tue 28-Jul-09 23:08:22

IMO, you could cancel your leave and give the four weeks notice.

dmo Tue 28-Jul-09 23:44:29

i would give them a letter telling them that your leave has been canceled due to xyz
then also add due to xyz i am giving you 4wks notice your childs last day of care is x

they prob wont come for the 4wks (did you get a deposit) or they may do

CarGirl Tue 28-Jul-09 23:49:51

Give them the notice at the same time as telling them that your leave is cancelled that week so you will be available to have their child after all but obviously only until the 26th August.

Word it so that it states the 26th August is the last date you will be having X.

Give them the option of not sending X those days and not paying that were your leave as them may have already made alternative plans or sending X to you and paying IYSWIM.

PinkChick Wed 29-Jul-09 08:38:43

i would put a letter in with diaries today saying due to personal preasons your planned leave on x date has now been cancelled and you ARE able to work and state you are following your T&C giving them 4 weeks notice of any changes.

I would then draw up a letter of notice to terminate for them, do it however you see fit (hand it to them explaining at same time/put it in envelope with diary if you know they read them or post recorded delivery?)
Explain their last day will be x and show the days you will be having their child up till then (inc you pre discussed cancelled hol dates)
Confirm BOLDLY how much /many fees are required up to that time and should they not use up this notice period full fees still apply.

Good Luck smile

mumlove Wed 29-Jul-09 09:02:18

Good luck with whatever you decide to do.
I have had 1 family give me notice which goes into my holiday time and disscussed that they will have to pay me for my time off or come back after my hols. I now wish that I had just excepted 3 weeks notice instead!

Numberfour Wed 29-Jul-09 09:27:28

thanks so much to all of you for your replies! i was a bit concerned at first that I would be flamed for not being able to tolerate the parents for the sake of the child!

i have thought about it (and talked it over with DH) and have decided that i will continue with them til end August and will then give them notice. Unless in the interim, they behave appallingly again.

Thanks, everyone!

ssd Wed 29-Jul-09 09:36:52

why? give them notice now

CarGirl Wed 29-Jul-09 10:23:58

if they're making you notice give them notice now. Presumably you can give them 4 working weeks so 5 weeks in total so you can still have the week off from them in August!

atworknotworking Wed 29-Jul-09 12:32:12

I so did this No4, kept putting it off, I decided that couldn't put up with the aggro anymore, and then it wasn't too bad, then got nad again and so on and so on, in the end I had an almighty bust up or rather the mum did I was very professional grin its a long story but basically I refused to break the law for two things she wasn't suited. Anyway I ended it then and their (put how in above post) and I couldnt believe the difference in me and the mindees, you get so used to crap you don't notice it so much things that you would sort of hmm become not so bad when its gone you realise just how crappy life was.

If you decide to end it give notice now in writing doesn't matter if they get more than 4wks, just do it and it's done, then at least you will see an end to the situation and you will feel better in yourself.

Numberfour Thu 30-Jul-09 07:25:32

the thing is that there is not ONE thing that is the PITA. it is rather the constant pick pick picking on me as if i am an unworthy EMPLOYEE!!!

1. accused me of losing the changing mat out the bag
2. accused me of losing the sun hat out the bag
3. changing hours from 35 to 29 a week when they knew i needed as full time as possible
4. pulling me up on not giving inhaler on time (I hold my hands up to this one, but i pormise LO was not in danger)
5. complaining i do not take mindee out often enough (she is with me 28 hours a week and sleeps at least 8 hours of that)
6. complaints that mindee got wet in the pouring rain - her husband did that!)
7. Oh yes: putting matters 4 and 5 in Parent Feedback form two days before my OFSTED Inspection and 2 weeks after I made an emergecny dash to hospital in ambulance with mindee because dad was on his way to tip and could not fetch her when she was ill.
8. and i went to visit LO in hospital the next day on my day off taking bag of goodies for them (out muy own pocket)
9. when i asked what days mindee will be away when her dad was on leave, the reply was that ideally dad was not intending to have her while he was on leave - fine fine fine!!! i get paid to have LO no problem: but YOW! DH would grab time to be with DS while he was on leave!
10. will carry on later.........

litte one is arriving in 40 min.

norkmonster Thu 30-Jul-09 07:37:25

Message withdrawn at poster's request.

Numberfour Thu 30-Jul-09 08:16:47

norkmonster, i think you have a very valid point. going to check my contract....

Numberfour Thu 30-Jul-09 08:23:36

"termination must not be given DURING A PERIOD OF THE CHILDMINDER'S OR PARENT / GUARDIAN'S leave"

and my initial incorrect interpretation of my own contract is one of the many reasons why i no longer practice law!!! grin

thanks, norkmonster.

PinkChick Thu 30-Jul-09 08:59:27

havent got my contracts to hand but am sure mine says something along lines of ..and must not incude a period of leave/holiday....?

hellywobs Fri 31-Jul-09 13:53:15

2my contract states that notice cannot be given
during a period when either party is on leave."

But you wouldn't be, you'd be giving notice now when you're working. Can't see the issue. Go ahead and give the notice. Anyway, what are they going to do? Sue you for the childcare that they weren't going to get anyway because you were on leave?

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