CM illness/ability issue

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Our CM has an ongoing health issue (not serious eg a back problem). Now, in our contract we don't pay if she can't have our DC due to illness. In the past this has been a pain due to interrupted childcare/work juggling but obviously we've not paid so had the extra cash to pay others etc.

Last time she had a "flare up" she "soldiered on" which was good as we didn't have to find alternative care, but not so good for DCs as she couldn't do as much as she normally would. We're now looking at another bout. I'm now thinking that we may face a disagreement about when she is sick or not? I am thinking of finding alternative care (sadly) but she has said she is happy to have DC, just that they won't go to groups/park etc as she can't drive/manage it. I'm really unhappy about this as I suspect that it's a financially driven decision ie if she "soldiers on" but we choose not to send DCs then we still have to pay.

Am I right in thinking that it's not solely down to her to decide if she is sick or not? Or am I going to be in breach of contract if I don't pay her and start them at nursery earlier than planned?

I would think that if she decides that she is fit to work and their actual care and safety isn't being compromised then that is solely down to her and she well within her contract to do that. Contracts don't generally cover activities and outings or guarantee them. However, I can well understand you feeling that the service is no longer the same as the one you signed up for because she can't provide the same activities. I would give her the proper notice that you are contracted to give. Not paying her would definitely be in breach of contract and a bit unfair really given that she's unwell.

I think it is down to her to decide. However I think you know that you need to find an alternative and give notice.

The lady's obviously between a rock and a hard place in that you will be unhappy if she takes sick leave or unhappy if she soldiers on whilst somewhat below par. I suspect she may be "soldiering on" in the belief that this inconveniences you less than the alternative, but if the reverse is true, you need to let her know that. I think it would be wrong morally and very probably in breach of your contract to withdraw your child without notice or payment in lieu, but you are of course free to give proper notice for whatever reason you like or none at all.

I would say that she is probably soldiering on, not so that you still have to pay as such, but so that she still has an income . When you are self employed you can't just take time off whenever you feel ill, you have to weigh up whether you can still pay your bills and unfortunately that may mean working when you're not 100%, but the alternative is letting down your clients and being broke.

You make it sound like it's a conscious decision to inconvenience you or trick you into having to make the call, whereas in reality, she is obviously struggling with pain but still needs to earn a living - especially if it isn't constant, she won't be able to be signed off and get Incapacity Benefit etc because by the time her claim goes through she will probably be better again and have to cancel it.

Please at least have the decency to give her the proper notice period so that she can advertise the space she will have available. It may be that she can fill it with older children who aren't so fussed about going to the park etc and would be happy to hang out at her house playing games and watching TV.

She is soldiering on so you can both earn money at work. In the same way that a parent would soldier on if they were looking after their own child.

Thanks for your perspectives. It is not a case of me not appreciating her situation - I feel for her and certainly don't want to be unfair or unscrupulous. I am genuinely concerned that my dc's care is going to be compromised by her limitations. For example she may not be able to manage stairs, or lifting for naps or if they fall, or joining in with their games etc. the reason I was asking about her decision about whether she is unable to care for them when in this position has previously been that she can't. For eg, if a childminder was on crutches, or had a wrist in plaster or arm in a sling, is it ok for them to continue to work? (Sorry for being vague but these are similar situations)? I would not be able to attend work in these circs, though I appreciate I would receive sick pay.

I have known CMs to work on crutches. I have also met a CM who was permanently in a wheelchair. Each case is individual though ... You need to decide if she is able to care for your child in the way you would like. If not, then unfortunately you may need to give notice.

Ok, I think you need to have a proper talk with her and make sure that she can manage basic care such as lifting them for naps/if they fall. I'm assuming she can or she'd be putting herself in a very vulnerable position should anything happen to the kids in her care and she isn't able to respond appropriately. The playing games and activities would be less of an issue for me personally if it were a short term thing and she was a good childminder and worth hanging on to.

She has said she can't do those things but is happy to muddle through. I'm just not sure I want her to muddle through given that the safety of my dcs is likely to be compromised. In fact I'll probably just not send them as I've decided there's too much that can go wrong, but as she's happy to work I'll have to pay.

I think you should speak to her about it. Say you are not happy with the arrangement when she isn't 100% fit, but appreciate that she is offering the place so you are not inconvenienced. I the end though I think you will need to give notice.

Cm don't have to take children on outings, that is just part of what some cm do. But the majority of parents like the care cm give because it incorporates going into the community and making links with other groups of people. If this was one of the reasons you picked a cm I think you should look elsewhere. If you feel your dds safety is compromised I would mention that when you talk to her too. Does she look after other dc too?

If she isn't going to be able to physically lift a child, she will struggle to be able to do the basics of her job - e.g. moving sleeping child, lifting into/out of chairs, changing nappies/picking up from falls.

Ask her how she plans to change a child who, for example, soils their pants? This would need lifting/bending etc. If she can't, then she potentially can't complete basic care.

In those circs, I'd say she's not fit.

Oh yes, from the OP it sounded like she just wasn't 100% but if she has admitted she can't lift a child etc then she can't really work. As a CM you're supposed to have a note from your GP saying you're fit to work. If she really isn't then she shouldn't be working. If it was just a case of not being able to play football with the children or not going for long walks then I'd say you should accept it as a temporary set-back, but if she can't do the essentials then she's not really 'soldiering on', she's failing to give even the most basic care. I would have thought in that case notice wouldn't be necessary, but you might need her to admit that she's not able to do those things for child to show that she is in breach of her contract before you breach it.