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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To be puzzled about what is fair when it comes to bank holidays and childminder

112 replies

MotherOfDragonite · 15/04/2019 20:52

I am really confused about bank holidays, and don't know what is fair in this situation. Essentially, the childminder wants to be paid for bank holidays when she is off. But my own employer won't be paying ME for bank holidays, so I would end up very out of pocket.

My DD goes to a childminder on Mondays, Tuesdays and Fridays. She's very happy and the childminder is very good. We didn't discuss things like this before we started definitely a mistake on my part and there was no contract. My DD will be leaving at the end of September to go to nursery. We have 5 bank holidays (all on MY days) between now and then. I pay roughly £55 a day.

I also didn't discuss it with my employer. I only work two days a week for them, and these days are Monday and Friday (their choice). They don't really know what to do about bank holidays and have suggested that I should get some pro rated bank holidays and then perhaps make up the others by working on a different day. On the Tuesday I study for a course I'm taking, and also do paid freelance work. So it's not really a 'spare' day that I can shift things to without losing money there too.

I'm not sure what is fair to the CM. I totally recognise that she deserves bank holidays too, but as a parent who does Mondays, Tuesdays and Fridays I feel I would be bearing the brunt of the cost when other parents aren't. If I did Tuesdays, Wednesdays and Thursdays I would never have this situation at all! As it is, I will be losing £275.

What would be a fair solution here?

OP posts:
Smoggle · 15/04/2019 20:53

No contract? Is she actually a proper childminder?

MotherOfDragonite · 15/04/2019 20:54

The CM has apologised for not having talked about it before and has said that I should pay for one of the bank holiday days but not the other this time. I am ok with this and can take the hit this time. But I am not sure I am ok with the next three as well as it does not feel fair.

OP posts:
Smoggle · 15/04/2019 20:55

Is she above board, registered, insured?

Personally I wouldn't pay for any days she isn't working though.

ScreamScreamIceCream · 15/04/2019 20:56

OP that's how childminders work.

You pay them for bank holidays, which are their normal working days, but not for their chosen holidays.

If you calculate it, it's actually cheaper than paying for childcare were you don't.

dementedpixie · 15/04/2019 20:57

You should get 2/5ths of the bank holidays that full time staff get. Do full time staff get bank holidays as part of their minimum entitlement or are they on top of it?

ALLMYSmellySocks · 15/04/2019 20:58

It's really frustrating for you OP but I do think this is standard practise so I don't think you'll be able to get out of it unless you have an extremely understanding childminder.

ScreamScreamIceCream · 15/04/2019 20:58

I should add I'm self employed so when I work out my rate I add on more to cover holidays, there as childminders don't.

Smoggle · 15/04/2019 20:58

OP that's how childminders work.
No it isn't.

Childminders have all kinds of different terms and conditions.

frenchknitting · 15/04/2019 20:59

I think the child minder gets to set the rules, it's not a negotiation really. Round here, child minders are like gold dust, so if you have one you are happy with I wouldn't create bad feeling for the sake of a few days.

JagerPlease · 15/04/2019 20:59

It's pretty normal to pay a childminder for Bank Holidays, it's essentially the same as them getting paid leave.

How can your employer not know what to do about bank Holidays? Surely you have a contract? At my work you get the number of BHs Pro rata so if they all fall on your working days you'd need to use AL to make up the rest of them

stucknoue · 15/04/2019 21:02

If the childminder is working on a bank holiday then yes you need to pay, many people I know drop their dc off for part of the day so get chores done. If the cm says no they aren't working, you don't pay

Reacher1 · 15/04/2019 21:02

I have been through three childminders and none ever charged for BHs. They charged by the actual work done!

Panicmode1 · 15/04/2019 21:04

I work Mondays and Wednesdays and get 2/5s of the Bank Holidays as part of my holiday allowance. I tend to swap days so I work a Tuesday or Friday so the problem goes away. I think though that without a contract (why??) you are rather stuck with her terms...

MotherOfDragonite · 15/04/2019 21:04

Yes, she's very experienced and Ofsted registered. I assume she's insured, is that something I am meant to check?

OP posts:
Pinkcar21 · 15/04/2019 21:05

If she’s not available to look after your child, she shouldn’t expect payment. The setting is closed! I’ve worked for a few childminders and none charged for bank holidays as they weren’t willing to work them.

MotherOfDragonite · 15/04/2019 21:07

I have used another childminder before with DD1, and I did pay her for bank holidays too, but that felt different as DD1 was going full-time and I was also working full-time (and being paid for bank holidays). So it seemed fair.

This seems a little different as I am really losing out much more as the bank holidays all fall on my days. And also I don't get paid for them myself.

OP posts:
MotherOfDragonite · 15/04/2019 21:09

She is taking a 3-week holiday in the summer, should I also expect to be paying her for that?

OP posts:
Smoggle · 15/04/2019 21:09

If it's a casual arrangement with no contract or set terms and conditions, I would only pay for the actual hours she has your child.

SeriouslyStrongCheese · 15/04/2019 21:11

If there's no contract then she is not a decent childminder and she can get tae fuck. Ask for a contract.

SandyY2K · 15/04/2019 21:12

Your employer should know what to do. Part time employees are entitled to a pro rata amount of BHL.

Is there a HR department? Do you have a contract of employment?

I never paid my CM for BH, as she didn't work and want to work.

I paid her for the time she actually worked.

MotherOfDragonite · 15/04/2019 21:12

"How can your employer not know what to do about bank Holidays? Surely you have a contract?" JagerPlease My terms of employment don't seem to cover what to do re bank holidays for part time workers and it is a very small non-profit. My boss seems to think that I should get a pro-rated amount of paid bank holiday and that seems totally fair to me (it would be unfair if I got them all off as I would have way more holiday than anyone else).

OP posts:
MotherOfDragonite · 15/04/2019 21:13

No, way too small to have an HR department! Grin

OP posts:
converseandjeans · 15/04/2019 21:18

I had this for a few years - didn't actually need childminder in the hols as both teachers & she used to charge half rate in hols. Except for Bank Hols which was full rate. So that was 9 days a year we had to pay full for days we didn't need. It used to annoy me as I if I had been using her a different day it would have been half. Can you possibly change the day?

SandyY2K · 15/04/2019 21:18

She is taking a 3-week holiday in the summer, should I also expect to be paying her for that

This is why a contract is needed.

Years back my friend was a teacher and had half terms off. Her childminders wanted to be paid for half terms etc..but she didn't want my friend to bring her DC over, on the basis that my friend was being paid, so she should be paid.

My friend said you either have and I pay you, or don't have them and I won't pay you.

Contracts are really a must...otherwise I would revert to PAYG.

woolduvet · 15/04/2019 21:20

You should have a contract. I used to charge and not work. Your contract would state what will happen in her holidays. I didn't charge for mine.