to ask for my money back

[sevenkeystomysoul]

from a childminder who has been paid in advance, and didn't work all the days she was paid for due to illness? She already charges for bank holidays which she doesn't work, but surely one of the cons of being self-employed is that you don't get 'sick pay'? I was informed by text at short notice and ended up losing a day's pay myself (unfortunately, I don't get paid for not working).

Yanbu IMO

What does the contract say? If there is no "sick pay" clause then I think you could ask for your money back or pay her short next month if that is what others do.

If you are out of pocket over it, its not morally the wrong thing to do at all, but it might be contractually wrong if she's covered herself in her T&C's

YANBU at all.

I don't think the self emplyed can get sick pay from the people that hire them. Think they can get statutory from the gov though.. So I might consider asking but up to you if you want to risk spoiling things with her... or push her in to possibly working when ill which would be rubbish for you and DC

Ask her for days in lieu to cover it. I'd be unhappy about paying for bank holidays too. I'm self employed and don't get paid for days I'm not available for work.

Totally depends on what's in your contract, if you signed and it says she gets sick pay then you have to pay her, it's a legal agreement. If there's no contract then ask and see what she says. And then get another CM - never entrust your children to someone who won't use a contract.

It's a bit awkward as DC is no longer going to her as she's starting nursery this week, so the money would have to be 'refunded', rather than knocked off the next bill. Still don't want it to become unpleasant, even if she isn't going to be looking after DC again. Thought a 'hope you're feeling better' text along the lines of 'oh, and btw, can I get the money back next time I see you please?' might be an ok way to deal with it?

Agree that it all depends what is in your contract. If it isn't there, then you need to raise this and agree with your CM so there is no misunderstanding another time.

Have you raised this with her? You might find that the next bill has a day deducted.....that's how my CM works.

If you deduct the money wothout discussing with her, do you run the risk of souring the relationahip between you, your DC and the CM. Your DC's happiness and well being is a small price to pay for letting this go ths time?

Always look to the contract first. But if there's nothing in it about sick pay, or about her canceling her service at short notice, you may actually be entitled to the money you lost when she failed to provide her contracted service (i.e. your wages for the day) as well, not simply the cost of childcare.

Try the text first, it's always worth trying the informal I'm-assuming-we're-both-on-the-same-page approach first. If that doesn't work make a request in writing. If she still refuses look at the small claims court web site. They make suggestions about steps to take before going to court.

DC isn't going to her again and CM hasn't given any indication she intends to repay the money. The CM's day fee, plus the shift I lost at work, adds up to a lot of money for me.

ring her and explain maybe.

Cheeky mare charging for bank holidays. Why does she want money for days she is not available to offer her services

I know, that's been bothering me lately (particularly as I have to work every bank holiday and have to sort out alternative childcare while still paying CM) but I think I'm just wound up because she has been really unreliable recently and doesn't seem to be doing much with the children. As I'm no longer using her, I'll send the text, but won't follow it up if she doesn't offer to repay the money. I can't afford to pay someone for not looking after my child, but equally, I don't want hostilities with a woman I will no doubt be seeing at the school gates when DD goes into reception. Is it just me, or is there a general reluctance to lay down the law with the person you are paying to care for your child, in a way that doesn't happen with other people you are paying to provide a service? Anyway, DD, who, until recently, loved her CM, was always delighted to go there and always talked about her, just said 'OK Mummy' when I told her she wouldn't be going there any more, and is uber-excited about her new nursery (which doesn't charge for bank holidays and, hopefully, won't turn the children away because one of the staff decides to throw a sickie...)

I am a CM and i don't charge if i have to cancel arrangements but i do charge if parent cancels arrangements for any reason.

Why would you be backwards about asking for the money? It's your money. Phone her and ask when you will be getting the refund for the money she was paid in advance for but was unable to provide.

And if she tries to dispute it in anyway, don't argue. Ask her to put it in writing for the small claims court.

I am surprised you paid in advance when i did my training was advised to charge in arrears to cater for these situations and also for extra days that i may be asked to work.

Toody, charging if a parent cancels, or goes on holiday, is perfectly reasonable as you are holding that child's place open. I also don't mind paying in advance, I certainly wouldn't want to work for a month without being 100 per cent sure I was going to be paid for it. If I was still using the CM, the days she was unavailable to work could be compensated for in the next month's money, but as the contract is now effectively terminated (DD's last day with her was the one, of at least five in the duration of the contract, she cancelled at short notice), it's a bit more awkward. She will have to refund the money, and I have the feeling she's not going to offer to do that and that I am going to have to push, not a pleasant situation. Do you mind me asking if it's the norm charge for bank holidays? (I'm not asking you to say whether you do or not, just trying to find out if it's accepted practice). I have been told, but not by the CM, that she is entitled to do so by her governing body, but my source is by no means reliable. If this is the case, then fair enough, it's their rules, not hers, but I find it a bit galling to pay someone for not providing a service. She isn't available for work on bank holidays, isn't holding a place open for my child, she's simply charging me for her free time. When I was self-employed, I was paid for the work I did. If I didn't provide the work, I didn't get paid. As a self-employed person, I didn't get sick pay or holiday pay.

Hmm, I'm feeling a bit of steely resolve settling in here. It's not a huge amount of money at stake here, certainly not enough to take it to a small claims court, but it's a significant enough amount to me. Thank you everyone for your posts,

Good luck! I know a mention of the SM court would be a bluff (as it costs £30) but the cm may not know this.

Interesting she says she has a 'governing body' - isn't this Social Services?

Deduct the money from her next wages.

I used to be a CM and as far as I can see, you are not her employer and therefore should not have been paying her for bank holidays if she was unavailable for work. She provides a service, which you use and for my money, no service available = no pay. That is the downside of being self employed, which she is.

You should most definitely ask her to refund the money paid when she was off sick. Most childminders are members of the NCMA and are listed with the Childrens' Services dept within the LEA. If she does not refund you, it would be worth contacting both organisations to let them know she has behaved unprofessionally (unless your contract stated that she was entitled to sick pay. If it did, then you have been screwed over but won't be able to do anything because you agreed to it).

Yet another thread where is seems the CM wants it both ways. They want to be self employed and are providing a service yet want Bank Holiday and sick days pay.