gave 4 weeks notice to my childminder , she wants me to pay for her 2 weeks holiday after the notice period

[gateacre1]

Sorry for long title
I gave my lovely childminder 6 weeks notice verbally and 4 weeks written notice as stated in the contract.

The 4 weeks notice takes us up until 16th aug. She is going on holiday the next week.
This morning when I dropped of dd, she said thank you so much for the money.
I was a little confused and I asked her what money, it turns out I have forgotten to cancel the standing order and have paid her for a full month. So she has assumed its a big 300 quid tip.

When i picked up dd today, I asked her how should we sort out the overpayment, as a standing order can't be recalled. She said I havent over paid her and that she is entitied to the £300 when she is on holiday as she is entitled to 4 weeks paid holiday a year.

She then offered begrudgingly ( sp?) to give it back but said she is entitled to it.

I am a little confused, the contract states 4 weeks notice of termination is required which I have given, it does not mention that I have to pay her for her holidays which are after termination of the contract.

I was planning to get her £100 of vouchers as a thank you, but think a £300 tip is a little out of my league.
Any advice?

She is not entitled to any paid holiday, yet alone 4 weeks paid holiday, unless it says so in the contract that you signed - which it could do.

In the contract there will probably be some clauses about holidays - times when your children are on holiday, times when your minder is on holiday. There will also be things about sickness, such as if your children are sick, your minder is sick. Look for that sort of thing in the contract - see if that can help clarify the position at all.

Also look at start date, so if there is something about paying whilst minder is on holiday, you can see when the holiday year starts/ends.

Thank you for your reply
The contract started on 2 nd Aug 2011
It states 4 weeks of paid holiday
But also 4 weeks notice to terminate contract her holiday falls outside the date of the termination of contract.
I just need to grow a pair and ask her for the money back, I just don't want her to be mean to dd or treat her infairly during the next two weeks!

Nope you do not need to pay her unless the contract clearly states 4 wks annual leave in any one contracted year and to be pro rated if the contract ends before a full year.

Our childminder is paid 50% when she is off on hols and likewise we pay 50% when we are on hols- ours takes 2-4wks a yr its not stipulated in contract how much she can or cant take but just fees when such situation arises and she will gives us 4wks notice if going on hols and likewise we do the same (if we give less notice then its full fees for us although she is nice so doubt she would enforce that).

Think she thought you had given her a bonus mentally spent it (holiday spending money) then felt a bit silly when you asked how she would be giving it back.

No, you don't need to pay her. She needs to refund you.

In the NCMA contract, clause 25 that states notice may not be given during a parent's or childminders's time off. or where no fee has been given for time off. Maybe the childminder is interpreting that in her way? If the c/m had not taken any paid hol during the contract, it should be calculated according to the time used.

One of my parents worked out and told me I was due something like 1.78 days per month and happily paid it when the contract ended after 8 months

It does also recommend a max of 4 weeks paid time off.

It does also recommend a max of 4 weeks paid time off.

Not any more it doesn't - the contract terms and the associated advice were revamped 18 months ago and many things that were inappropriate or unworkable were changed, including this.

The recommendation is now that you do take 2-4 weeks holiday, but says this about payment: "Some childminders charge full fees during their paid time off, some only charge half fees ... Others charge nothing at all".

You have given her 4 weeks written notice, this is the period you should pay her for. 4 weeks. Not 2 weeks after that, whether she is working or on holiday makes no difference as your contract will be over!

Fancy saying "thanks for the money", rather than saying "I noticed the standing order has gone through again, was that an oversight?". By thanking you she has shown she wasn't expecting it and therefore isn't legally due to be paid it.

Thank you all for your replies .
I had a restless sleep last night and this morning I took the contract over to clarify what we had agreed, it was a Nmc one.
She reluctantly agreed to refund me the overpayment and made me feel like a right cheapskate for asking for it back. But she has given me a cheque now.
I am really sad this has happened as I really love her as my childminder, she is amazing with my dd.
I guess if I was in the wrong, she wouldn't have given me the cheque.

Still a sad way to end !