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Original poster

Please help! I've given my childminder 4 weeks notice and she mentioned to me that I have to pay her 3 weeks holiday?!

81 replies

unicorn86 · 30/06/2014 18:44

Hello, I'm sorry if this type of stuff is already discussed.

I told today my childminder that I'm planning to terminate my contract with her and I'll give her written notice tomorrow. I mentioned 30.08.14 as my daughter's last day in the nursery. She surprised me bad by telling me that I have to pay her 3 weeks for her holiday which starts 02.08.14 - 25.08.14. Me and my family are going abroad at 01.08.14 and we'll be back on 22.08.14. This childminder is too far from our new home so we decided to move the daughter somewhere locally. I thought as I give 4 weeks written notice as it is noticed in the contract that would be ok, but the childminder doesn't think so. My contract has started 26.09.13 and it is noticed that she can get 4 weeks paid off but on the other hand I've paid 2 weeks for her holidays over Christmas time and another single day on 23.05.14 . Now she asking me for paying for another 3 weeks holiday after termination of the contract on 30.07.14. Is she eligible to get payments for extra 3 weeks?

I'll attach scanned copy of my contract.
P.S: I can obviously upload up to 3 files, so I'll upload only the pages related to the case :)

Please help! I've given my childminder 4 weeks notice and she mentioned to me that I have to pay her 3 weeks holiday?!
Please help! I've given my childminder 4 weeks notice and she mentioned to me that I have to pay her 3 weeks holiday?!
Please help! I've given my childminder 4 weeks notice and she mentioned to me that I have to pay her 3 weeks holiday?!
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LIZS · 30/06/2014 19:02

I would expect that you should pay for the holiday prorata ie. if your dc has been there 10 months roughly 10/12 of the 4 weeks agreed (although you should probably work this out based on exact weeks used and round up the days). You would then deduct the 2 weeks one day (or does this include BHs which are extra) already accounted for.

McBear · 30/06/2014 19:02

If OP does need care for these odd days, they are out of contract if it is already terminated by this time. Otherwise the end date of the contract would need to be moved and yes you will have to pay.

Original poster
unicorn86 · 30/06/2014 19:00

Thanks for your fast response. I'm sorry that was just a mistake. I meant that 30.07.2014 is the last day when the child would visit the setting. As well as we have enrolled my daughter for another childminder in our area but she will start on 01.09.2014. Do you reckon that I shouldn't pay for that holiday which stands out after termination of the current contract?

OP posts:
ClashCityRocker · 30/06/2014 18:59

If I understand correctly, you are intending to terminate the contract at the end of July, but still need care for a few days for the last week in august?

Most childminders I know you have to pay for times they don't have them - such as if you are away on holiday - as well as their 'holiday pay'.

McBear · 30/06/2014 18:57

Not a legal person but...

You pay her weekly regardless of holiday.

You have paid her all weeks until the end of the contract. It is not your fault she did not take that four weeks before you terminated the contract.

If you terminated in may, it would seem ludicrous to get you to pay for Augusts holiday so this is no different.

Not sure tho. Hmm

SantasLittleMonkeyButler · 30/06/2014 18:52

I would think that if your notice period ends on 30th July, then you make no more payments after that.

You also mentioned 30th August though - do you want your child to go back to the CM between 26th August & 30th August? If so, then yes - I would expect you to have to pay for the holiday time if your contract states that the CM's holidays are payable.

This is completely normal with nurseries IME - you pay for your place 52 weeks in a year regardless of whether you are using it that week or not. Although, to be fair, my experience is with an actual nursery where childcare is still available even if your keyworker is on holiday!

Hopefully someone will be along shortly to advise you what is normal with a CM.