OK I have a dilemma!

[Saltire]

Have been ill since last Wednesday,a nd am off for the rest of this week. The parents of full time mindee have been round to give notice, as "it's too difficult for su to arange childcare when youre ill"'

They then went on to say "we haven't used our "free weeks hols and you have a week hols too, so we won't actually owe you anything" . Have had a look at contract (Morton Michaels)and although it says that I have to be given 4 weeks notice, it doesn't mention holidays etc

Also I give parents info sheets and policy sheets and I am pretty certain that on it I have put "parents have to give 4 weeks notice, this cannot be during holidays". So if a parents giving me notice, and are due to go on a week leave, then the notice period starts when they get back from hols

However, we moved house at the weekend and the desktop PC, where all my files are, isn't yet set up! Also parents are saying "well we didn't sign your policies or information sheet so the thing about givving notice and paying you doesn't apply, and we've started him in nurseery as of today and we're not paying you if you've not worked.

I have done 3 days in July so far,a nd was going to be having the child next week. Then I am on a weeks leave, and was back to work 1st August

Still no written notice - now I was meant to have the child again next week - and they are meant to give 7 working days notice of holidays, so I assume that I can ask for payment for the 7 days notice, plus any days extra that they don't give me notice. (for example if they don't give me written notice till Tuesday, I can ask for 7 days pay from Tuesday, for notice of holidays,plus a days pay for Monday, because they didnt turn up?) (or can I for Monday sinc ethey said on Wednesday that child won't be back)

I am confusing myself

Do they not realise notice has to be written? I gave verbal notice of change in hours/days to my cm and this was fine. Of course contract was edited and signed in due course, but she didn't wait for me to I've written notice. You might want to tell them to do this because they may think it's all sorted. Just a thought.

Not I've give
silly iPhone.
My cm just did the paperwork once I gave verbal notice, no problem. But we do have a good relationship.

it's too comp for me, Salty

Right.

From the date they started to the date you began this thread (when I am assuming they have given verbal notice) they have been with you 130 days. This equates to 35.62% of the year. 35.62% of their holidays comes to 7.12 days. Up to you whether you round up or down but I'd say down. Therefore if they are giving 4 weeks notice, they can knock 7 days off as the free hols and still need to give you 3 wks paid notice.

there are still lots of variables I can see from the rest of your posts but I hope this helps a bit.

HavePatience - I did tell them that I had to have written notice

Bald - It's doing my head in.

I am seriously tempted to suggest to MM that they chang their contracts to include "parents cannot take holidays as a notice period" or similar.

Although I do state on policies that notice period mustnot be in a holiday period.

everyone'sjealous - can I do that though, as no where in the contract does it state anything about pro-rata etc etc

no idea hun, I am with NCMA and it states NO hols can be taken within notice period!

Hope your feeling better? x

I think it is standard that if they get 4 weeks per year and they are with you for less than a year then you would automatically pro rata it down. But I am not a CM and I am just going by employment contract norms which I know is different. Makes sense to me, anyway.

I'd be tempted in your shoes just to let them use hols as part of notice period but to def reduce them down - if you send them the calculation and see what they say. It 'meets them in the middle' rather than asking them to pay you for the whole notice period.