Is it fair for CM to charge for bank hols?

[Mmmmcheese]

DD just started with my CM two weeks ago and we are now sorting out payment for April. She has charged me for all the bank holidays even though she isn't going to take DD for those days (and wouldn't even if I asked her to). Is that fair/normal?

What does it say in the contract you signed??

We all do things differently, personally I don't charge as I don't work them.

She can't charge you if she is not going to work them surely? I can do them but I'd rather not as I like them for my family time. I think that is very cheeky of her, she should have told you when you had your first meeting what she charges and when.

No it is not fair, I am a cm.

It is unfair to charge for them and not work them, but if you have signed a contract agreeing to this then unfortunately you can't argue the case.

Does seem very unfair I agree.

Contract says that doesn't charge for BHs if doesn't work them but she says there are terms and conditions in her introductory paperwork that says she does. I signed and gave them back to her a few weeks ago and haven't got a copy (she was going to make a copy for me and I forgot to remind her) so can't check this until I see her. I have pretty much zero legal knowledge so no idea where that leaves me legally, but in any case I really like the childminder and DD seems happy so don't want to make it into a big issue as i don't want to have to find a new CM two weeks into being back at work! But it does seem unfair to have to pay her - especially as I don't get paid them!

I charge for bank hols, always have done and am not available to work them. Never been a problem, parents have never queried it.

I wont work them, (I like to spend time with my own family, bank hols are just about the only days Dh doesnt work!)
Im not available therefore I dont charge.

I invoice normal rate for them, make myself available on them - but charge a higher rate if I'm asked to work them! In 6 years, never been asked to work one and parents haven't queried it - they get paid for bank hols anyway. I never, however, charge for my own days off and annual hols.

i dont work them so i dont charge for them.. all cms different though... if i was 'open' though of course i would charge even if parents didnt take up the offer..

it will all be in the contract though i expect so if you signed for it then she has a right to charge you..

Contract overrides t&cs IMO. If she's charging because she's available that's one thing, charging when closed is another.

Oh not this old chestnut again, like any self employed person, a CM is at liberty to charge and work what suits them. As a person taking on the services of said childminder, it is the parents responsibility to CHECK THE CONTRACT THAT YOU SIGN! If it states that Bhols are chargeable then they are,end of. If you are not sure of any contract wording ASK YOUR CHILDMINDER BEFORE YOU SIGN!

Fair/unfair doesn't come into it. terms are stated in the contract,its up to you if you chose to accept them by signing contract or finding someone else

The childminder I have just signed with ready for May charges for them however when I looked into going back to work 3/4 days a week I chose mon as my day off as then I dont have the issue of paying for childcare on a day I dont need it. (other than good fri and xmas bank hols should they fall on the days). I also then get the bank hol back as an extra days annual leave from work.

All nurseries I looked at charged for bank hols inc closing for a week at xmas and charging to as normal they did 52wks divided by 12 mthly payments other than 1 montesorri we looked at who closed for the xmas week but didnt charge for it.

I pay my nanny for bank holidays but would never ask her to work them - can't see why I wouldn't pay her for them as I am paid for them but don't work them, surely that's the point of bank holidays? I don't think the childcarers terms and conditions should be worse than mine.

Nights your nanny is an employee and therefore entitled to paid holiday. CMs as self-employed people aren't, but could in their terms of business/contract for services charge for them.

I think one of the issues some parents have is that if they are required to work bh's but the cm doesn't (but still charges) then they are having to pay double childcare costs for those days.

I think the op is quite reasonable to be questioning this here because the contract says the cm doesn't charge. But the cm's t&c's say that she does. Would confuse anyone!

nbee84 has highlighted one of the main issues - the other being that self-employed parents do not get paid for B/H so would be paying for care that is not being provided whilst not earning themselves, which is why it seems unfair of CMs to charge as they themselves are s/e.

That said if it is in the contract and a parent has signed it there is little that they can do.

As i am a self employed cm i set my own personal terms and conditions, fees hours etc.

I charge for bank holidays. I do not work them. I would not work them unless asked and in which case i would charge an enhanced rate for them.

This is what i do and my parents have all signed contracts agreeing with this.

I dont think it's anything to with with unfair or fair or a pain that a parent may have to pay twice for childcare if they do work bank holidays. That my terms and if you dont like it or agree with it then dont sign my contract and use me! lol

Simples

WRT the contract and other paperwork, make sure you get a copy of it OP and check it through, once you find out what it says come back and we willa ll help you from there :)

If the contract says no charge, it should be no charge - it doesn't matter what the 'introductory paperwork' says (unless the contract says something like "in the event of any contradiction between this contract and some other bit of paper I may or may not have given you the random bit of paper takes precendence", which is pretty unlikely).

And yes, it is very unfair even if it is in the contract - particularly so for part timers (especially if you only have Mondays) and those who have to work Bank Holidays.