Reasonable notice for CM who's been off sick for 12 weeks

[Babyblade]

I have a lovely childminder who looks after our DD (5yrs) before school and during the hols. It's a genuine sickness and she's more than "just" a CM to us, she's also a friend.

Unfortunately she's been off work now for more than 12 weeks. When I last spoke to her approx 10 days ago she said that she just didn't know when she would be able to look after DD again - it could be 1 week, 1 month, 6 months or a year.

Up until that point the DH and I had been juggling the school run but that conversation prompted me to reasses our arrangements and consider something a bit more stable that could work long term, so last week our DD started Breakfast Club. The good news is that she loves it and it saves us more than £40 per week compared to our CM fees.

SO, I now want to give her notice on the contract and renegotiate for holiday cover only. The notice period is 4 weeks and we have a standard NCMA contract but the contract doesn't say anything about notice during long term sickness. Under normal circumstances I'd happily pay the 4 weeks but now we've paid the Breakfast Club until the start of the Easter Holidays and we're not in a position to pay double (CM and B/Club). I've avoided making alternative arrangements for as long as possible to make it as easy as possible for her return, but the conversation 10 days ago altered my perspective on the situation.

If she suddenly decides next week that she's fit to work, where does that leave me? Do I have to pay her AND the B/Club? or do I only pay her fees minus the B/Club costs?

I want to "leave" on good terms and I'm happy to pay what I'm due but it's just not clear to me what that is! Please help ....

Im sure if u said dd has started breakfast club and is happy your cm would be too its less stress for her, just chat to her if it was me i wouldnt want notice i would be happy you had found cover and as your not paying these last 12wks im sure she wont want paid notice

I would be happy for you and not charge anything. Just have a friendly chat with your CM. She has.probably been expecting this.

Same as HSMM,
I had an accident a couple of years back, wasnt able to work for 8 weeks,
1 mindee went to another childminder (she stayed there in the end as we all wanted continuaty of care for her, undiagnosed autistic traits) the other started private day nursery and when I could walk again, parents sent him back to me for 3 days a week and nursery 2.. No hard feeling as I expected to loose both to be honest.

I think your CM will have been expecting to be given notice. But I think I would have said ten days ago that as she was unsure when she would be back up and running that I would have to give notice and look at alternatives, then try the breakfast club etc. I've no idea what the legal position is on paying notice in these circumstances, but I think giving some warning would have been kinder and less likely to cause bad feeling than presenting a fait accompli.

I would expect you could negotiate with her that as she's been unable to work for three months that the notice period could be waived. Talk to her!

Thanks for the replies.

When I spoke to the CM 10 days ago I was mainly concerned for HER wellbeing and my situation wasn't my main concern. It was only later on that the "penny dropped" and I realised that I'd have to get something sorted. At that point I hadn't even considered the B/club.

I've been sending her the occaisional text with news about how DD is getting on at school, and I'm pretty certain that she knows that DD is now attending B/Club (her daughter is FB friends + I mentioned DD attending B/club which she "liked"), but I don't want to rely on chinese whispers and the local grapevine to tell her what my plans are for the future. I want to be as fair as possible.

She left me a voicemail message on Saturday asking for Easter Holiday dates and whether I'd want her to have DD. I replied back yesterday with the dates and saying yes for the holiday cover but I've not heard from her since.

So, I'm going to try and meet up with her this week and have a chat, but I'm glad the general consensus is that I shouldn't be paying the whole amount and that I should be able to negotiate something.

It's just frustrating that the NCMA contract doesn't say anything about this kind of thing cos then I'd feel so much happier in knowing what I am (or not) allowed to do.

The thing is, right at this moment, she cannot say definitely that she WILL be able to have your DD at anytime in the near future, can she? If she cannot definitively say she can have your DD back in the next 4 weeks, then she can't ask to be paid for the notice. You've been incredibly patient waiting around for 3 months, and noone can expect you to continue waiting.

Off to see the CM this afternoon - wish me luck!

How did the chat go?