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Think childminder may be ripping me off? HELP

(99 Posts)
allgonebellyup Wed 19-Aug-09 12:18:35

Our childminder insists that, even though i only work term time, that i should pay her all through the holidays so that equals 13weeks per year at full price.

She then went on a holiday with her mates for a week during term time (ie when i needed her) and insisted that i still paid her for the whole week, as she is still "entitled to holiday". So i paid for this week as well as the 13 other weeks.

Is this right??

msrisotto Wed 19-Aug-09 12:26:40

Hi, I don't know about childminders i'm sure someone more knowledgable will be along shortly but teachers get paid for the whole year but are not entitled to take holiday in term time.

playftseforme Wed 19-Aug-09 12:30:15

Hmmm - your childminder is not an 'employee' so is (as far as I'm aware) not strictly entitled to paid holidays, but is entitled to compensation during holiday periods if it would be difficult to fill that place (also not their obligation to try to do that).
I pay half rates to my CM when I am away on scheduled holidays. I pay nothing when CM is away (although another CM I know also asks for half rates). I pay full on bank holidays and ad hoc days off/sick days.

itsmeolord Wed 19-Aug-09 12:30:47

It depends on your contract. If you have not signed a contract that states she gets full pay for all holidays including hers then you don't have to pay.

For example, my contract states half pay for all holidays, mine or hers. She gets 4 weeks holiday a year and has to give me 6 weeks notice of all holidays as do i.
If she or her children are sick resulting in her being unavailable she does not get paid, if i or dd are sick then she still gets full pay.

Check your contract, but tbh, if you don't trust your childminder I would look for an alternative as long term it probably won't end up being a good relationship.

allgonebellyup Wed 19-Aug-09 12:41:16

so most of you seem to pay half pay during the hols - that seems more reasonable to me

FabBakerGirlIsBack Wed 19-Aug-09 12:43:30

Sounds like another cm who wants the perk of being self employed but the security of the regular pay cheque.

Mothers need to read contracts better I think.

ladyofshallots Wed 19-Aug-09 12:55:10

I am a teacher and pay half pay for hols and no pay for cm's hols. I pay if dd is sick.

allgonebellyup Wed 19-Aug-09 12:57:29

what should i do??

Wilts Wed 19-Aug-09 12:59:53

I am lucky that I have a term time contract. We do pay to retain the days we may need but don't always use though.

So I pay for five days but tend to only use three.

I think it would seem fair to pay half fees through the holidays to retain the place, if you are unable to get a term time contract.

playftseforme Wed 19-Aug-09 13:00:14

Did you discuss the fact that you only wanted term time care when you signed your contract?

Would you be prepared to change childminder?

It's not an area where I think you can negotiate too hard (once you've signed the contract) because I don't think that I would want my CM to be looking after my dd when she's p*ed off at me...

branhasnocommentfortheDM Wed 19-Aug-09 13:01:11

What does it say in the contract allgone?

TheDMHatesMe Wed 19-Aug-09 13:01:39

What does your contract say? That's the only way to resolve this.

E.g. my CM charges half pay for hols and there is no limit on how many weeks holiday you can take. She does not charge for her own hols - but she does take quite a bit more than 4 weeks a year, so this is a mixed blessing, as I am always having to arrange cover. On the other hand, she is a fab CM, so I am happy to do this. smile

I believe other CMs limit the amount of holiday that you can take on half pay. If I was a CM I wouldn't want to fill a space with a child who would be on half pay only for 13 weeks of the year.

But you really have to check your contract. If you are not happy with her terms, then you'll need to look for somebody else.

Mousey84 Wed 19-Aug-09 13:01:42

What does your contract say?

allgonebellyup Wed 19-Aug-09 13:11:06

My contract basically is a list of all her details and all my details, but nothing outlining hols/pay.
Do you think she would send me a copy of proper contract if i dont have that one?

i dont see why she is entitled to take hols during term time after giving me only 2wks notice, and demanding i pay her full pay (as well as the other 13wks a year)

PuppyMonkey Wed 19-Aug-09 13:17:24

Nurseries are a lot easier tbh. grin

branhasnocommentfortheDM Wed 19-Aug-09 13:18:45

TBH I wouldn't have placed my child with her without a proper contract with all the terms and conditions in it. But as you obviously haven't signed anything agreeing to this amount of pay I don't think she can force you to pay. Ask her for a proper contract, and then don't sign it until you've negotiated terms and conditions that suit both of you.

When she does draw up a contract don't sign it there and then, take it away with you to read through, perhaps ask on MN what is reasonable/usual and what isn't. Then make notes of what you want to renegotiate and go back to her and see how much she'll change.

How far are you prepared to go? Would you be prepared to change childminder if she gets stubborn with you?

playftseforme Wed 19-Aug-09 13:18:49

Did you not sign anything then that even sets out the hourly/daily rate? shock

BellaBear Wed 19-Aug-09 13:19:40

I don't pay at all during school holidays (am a teacher) but this was agreed from the start. DS does go to her for odd days during the hols but only when convenient for her.

lisad123wantsherquoteinDM Wed 19-Aug-09 13:20:59

My cm normally charges a small amount to keep spaces during holidays and is entitled to 4 weeks paid holiday a year. hth

TheDMHatesMe Wed 19-Aug-09 13:22:49

2 weeks notice for her holidays is very crap.

I think you need to talk to her about getting a proper contract. As bran says, you can then decide whether her terms are acceptable to you.

AvadaKedavra Wed 19-Aug-09 13:27:02

As been said if it's in your contract and you signed that then it's tough toots. these things need bashing out BEFORE any legally binding paperwork is signed.

On the bright side, if you do indeed have no contract in place then you are free to look elsewhere immediately without repurcussions from her wink

FabBakerGirlIsBack Wed 19-Aug-09 13:33:51

Have you signed anything at all?

BrieVanDerKamp Wed 19-Aug-09 13:41:20

I am a cm.

It is usual for cm's to charge half for the school hols if they do not attend then, this is to keep the place for you, cos they could otherwise be using it for another child.

Full pay is too much though.

I would also expext to be able to take holiday as and when I needed to, even within term time, but I would limit this to say 2 weeks a year since I would have the whole holidays off, but I don't charge anything for my holiday, days off, sick etc.

So really in summary,

She should only charge half for school hols and a max of half for anytime she takes off during term time would be fair, but like I say I wouldn't charge for that at all.

BrieVanDerKamp Wed 19-Aug-09 13:45:30

Where do you live? Perhaps you could start looking for another cm?

coolma Wed 19-Aug-09 14:55:59

She certainly, imo, shouldn't be charging for her holidays! I have never come across this before and it doesn't seem at all fair or corrct.

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