Private childminder requests Christmas holiday pay!

[Kiam]

Mums I'm looking for some advice. Last Christmas this was never dicussed about holiday nor was it dicussed when I had first started sending my little one too her. I'm wondering has anyone else's childminder requested this?

Yes. Perfectly normal to be paid all year round.
What does it say in your contract ?

I actually dont have one. I should have been told at the start and also last Christmas about this but only notified this year

It depends what is in her contract but my view is that a self employed individual providing a service should include all overheads in their hourly rate.

I wouldn’t agree to this (when I was self employed I didn’t get paid over the holidays), but it depends what you have signed.

I dont have a contract

She’s very silly not having things in writing.

You do have a contract by the mere action of sending your child and paying for a service. But verbal/custom and practice contracts are so much harder to enforce. Who is to prove what was agreed about notice periods etc? I guess it depends how much negotiation room you have but I wouldn’t agree myself.

How are you leaving your child with someone all week / all year, without sorting out the paperwork ?

A childminder is self employed, so it is up to them what they pt in their contract.
However, they are different from most self employed workers, as they continually work for you on a long term basis, so the holidays are often paid (or some pay at half rate) just so the CMer gets equal installments of income across the 12 months. The alternative is that you don't pay when she isn't available, but then obviously the hourly (or daily) rate will then have to go up, to cover the days / weeks of holiday that she takes.
I think most of us would prefer a regular income, and, in all honesty, many of us would prefer to spread the costs of childcare evenly across the 12 months too.

It isn't the same as other self- employed folk like your plumber or your hairdresser where you don't have an ongoing contract with them.

The thing is, basically, you either pay her or find another childminder.
I expect that you need her more than she needs you...

I've never used a childminder, but I'd expect it to have been included in her daily/hourly rate.

You should have a contract. If it’s not in the contract there is no one right answer. We use a small private nursery (so not a cm but not far off). We pay 50% for bank holidays (they are closed). They also close though for 2 weeks over Christmas and one week after August bank holiday. We do not pay for these days.

We pay 50% for days which we don't need the childminder if it's one of the days DD1 would normally go, which I think is fairly normal.

You need to ask your childminder to sort out a proper contract where these things are made explicit to both parties.

You need to be asking for a contact.
Are you sure she’s OFSTED/Care Inspectorate registered?

Self-employed people don't usually get holiday pay, so I'd be surprised if my childminder wanted paying over Christmas when she's closed. We have a contract though that states this - £0 for days when the childminder is unavailable/closed. I'm not sure your childminder can demand holiday pay if she's not given you a contract that includes it.

It's been a while but we had a childminder and our contract included sick pay and holidays. As others have said, you need a contract with all this stuff agreed and nailed down. I think if she is professional and Ofsted inspected, this should have been given to you from the start.

Get a contract and wise up, this is a person who is looking after your child. My son went to a child minder 18 years ago and we signed a contract paid a retainer for her and both knew where we stood re pay holidays etc!! Have you even checked they are registered/qualified first aid etc?

The norm for childminders in my area is that if they are taking holiday or shut for any reason (eg child illness), you don't pay anything. If you are on holiday (ie not sending DC on days when CM could and would normally have DC) then you pay. Christmas is a tricky one as it's probably they don't want to work AND you don't want to send DC. Does it actually add up to that many days though as several will be bank hols when you shouldn't pay? Is she actually asking you to pay for Christmas day, boxing day etc?

I'd definitely want a contract though.

Childminders are self employed so you're paying them for a service, not employing them.

If she was employed and was entitled to holiday pay, she'd also be entitled to sick pay, maternity pay, a pension etc, which she's not. It's an important distinction in employment/tax law.

She should provide you with a contract to sign that covers what you should be expected to pay and whether you have to pay if you are on holiday, she is on holiday (whether away or just 'closed' for Christmas etc), you don't send DC to her because DC is sick, or any other reason, or if she is sick or unavailable for whatever reason, eg jury service, illness in her family.

Sounds like things need clarifying, but as a PP has eluded to, you might have to decide whether you want to rock the boat if you can't agree terms with her.

If you didn't pay extra last year but she is asking for extra this year, it's possibly because she has been talking to someone who advised her to do so. You need a contract asap.