Policy vs contrat for holiday

[Mamabear87]

My cm has said I own her holiday pay.... in her policy it talks about her entitled to 4weeks.... but on the contract where it states the amount to pay when cm is on holiday, it has just put a line through it... this to me is stating there is no fee . When i go on holiday i pay full fee as stated which o agree with. I find it hard as I had to pay someone else to have my child as was unable to get 2weeks off work. My question is what would you so? I understand what is stated in policy but the contract is the legal binging agreement. So if the contract shows that u don't pay what do I do?

I'm not bothered so much that's she has taken holiday to cover her time for recovery. I'm just annoyed at what has happened...either way I have paid now so there is nothing that I can do. Being honest I don't know what to do or what steps I can or should take... my biggest thing is how happy my little boy is and don't want to jeapodise that... if I move him.would he still be happy ?

I think you need to sit down with her and explain you are not happy about the situation. That you think she's doing a good job looking after your child but that her paperwork needs sorting. For her sake as well as yours (a local cm to me was recently downgraded by Ofsted over her paperwork and lack of communication with parents).

You need to insist that the contract is amended to include things like holiday, sickness and notice otherwise she cannot expect you to pay out twice for childcare.

Good luck!

Check if your contract refers to any policies OP. I scrawl through the holiday section of my contract as it is complicated and difficult to understand, but I have written on the contract that the policy is to be referred to and you need to sign to say you have read and agreed with policies.
To be honest, I think it’s cheeky not to pay considering you were aware of the charge- she mentioned it on two separate occasions and you thought you’d gotten away with it because she didn’t chase you. That’s not productive and conclusive to a good working relationship is it? You should have raised it with her at the time. If the contract doesn’t mention the policy then I guess you are not legally obliged to pay, but morally since she mentioned it to you twice and you don’t want to lose your childminder I think you should pay, and then should ask to discuss things in more detail going forward and come to an agreement.

Check if your contract refers to any policies OP. I scrawl through the holiday section of my contract as it is complicated and difficult to understand, but I have written on the contract that the policy is to be referred to and you need to sign to say you have read and agreed with policies.
To be honest, I think it’s cheeky not to pay considering you were aware of the charge- she mentioned it on two separate occasions and you thought you’d gotten away with it because she didn’t chase you. That’s not productive and conclusive to a good working relationship is it? You should have raised it with her at the time. If the contract doesn’t mention the policy then I guess you are not legally obliged to pay, but morally since she mentioned it to you twice and you don’t want to lose your childminder I think you should pay, and then should ask to discuss things in more detail going forward and come to an agreement.

She's taking the piss. Why on earth should you pay for a service you aren't getting? Fair enough to pay her when you're on holiday but not when she is.

For starters she told me on the last Friday before her leave that I need to pay holiday! So how is that telling me before? While she said it I mentioned to her what was in the contract and she said she would have to look at that. Then the next time I hear off her is that I owe her! That is not being cheeky! I have checked the contract and it does not refer to policy.... and while the policy might say "I'm entitled to 4weeks paid holiday" it does not state at rate etc... I went by the contract we were given. Which should lay out the correct rates? So no I didn't think I had got away with it... because when I brought it up she said she would look. Surely she should have contacted me after looking to chat? And the message she sent me - if that's what your referring too. We never did paper work together after a month of having my lb she gave it and asked me to sign... I'll be honest I read contract and signed. Because she had signed and filled in contract I didn't think I would have to have this issue.... why if I needed to sign the policy has she left it till now with this problem? Friend or not this is a professional contract with should be dealt in a professional way. If she wasn't a friend I would be standing my ground! How was it my fault she has made an error?

Check if your contract refers to any policies OP. I scrawl through the holiday section of my contract as it is complicated and difficult to understand, but I have written on the contract that the policy is to be referred to and you need to sign to say you have read and agreed with policies.
To be honest, I think it’s cheeky not to pay considering you were aware of the charge- she mentioned it on two separate occasions and you thought you’d gotten away with it because she didn’t chase you. That’s not productive and conclusive to a good working relationship is it? You should have raised it with her at the time. If the contract doesn’t mention the policy then I guess you are not legally obliged to pay, but morally since she mentioned it to you twice and you don’t want to lose your childminder I think you should pay, and then should ask to discuss things in more detail going forward and come to an agreement.

You said that she had taken a holiday previously and asked you to pay, and you didn’t. At this point it was both of your responsibility to clarify what was going to happen in the future, not just not pay it. Yes ideally she should have got back to you, but it is just as much your responsibility to chase it up and clarify what you’re paying for.

Yes in October she took holiday and after said it is the norm for parents to pay. She never actual asked. And yes maybe i should have clarified it with her then ... but so should she? Surely if you realise someone isnt fully aware of what they should be paying you make it clear as soon as possible? But I did bring up my concern due to what the contract said before christmas and got told she would look into it... so while yes I should chase wasn't going to do it on someone's holiday... especially while I been working. Our first day back with cm and the point was made... again I wasn't being cheeky thinking I could avoid paying! As otherwise I wouldn't have paid her now! My original question to this whole thread was is a policy a legal document or the contract? Form my experience the contract is the legal binding... so how can someone make an error in a contract then say but it's in the policy. If policy were legal binding then why would we do contracts in any profession!

Also I have stated I have paid her ! So again not being cheeky

My childminder asks we give four weeks notice of holidays and we pay half pay for that week etc.
If notice isn't given its full pay.
Was made quite clear to me.

The contract is the legally binding document. The policies are just guidance as to how she will operate. For the policies to be legally binding they should be referred to in the contract. In my contract there is a clause stating that parents have read and aware of my policies.

The situation is difficult because she is a friend. If she wasn't, as you've said, you would be able to argue your point more.

Friend or not, this is why its so important to have proper paperwork in place with all eventualities covered.

Thank you. I completely agree with paying if I go on holiday.. as it's keeps childs space etc. I have no problem with that.
Yes if it wasn't a friend I would have stood my ground. But I have paid her as she is a friend and she is great with my lb. I just felt stuck on the situation because of what was in the contract. I am currently off qork due to lb being poorly with conjunctivitis and hes not allowed ther for 24hrs. So i was trying to use the time to find out if I was missing something. I guess either way it is dealt with now.... but it's nice knowing that in lots of eyes I wasn't wrong over it. It's what is in the contract. I will have to speak to cm about getting as much notice as possible for cm's holidays as otherwise I'll be paying while she is off and paying someone else too.

So go back as a friend with a few problems ie your lo loves cm so much you want to only use her but need x amount of notice to book time off and you cant afford to pay twice so can we agree a notice period for holidays which if not adhered to in writing means I don't pay? This gives me time to book the same time off. You also need to know if the 2 weeks now paid is this years or last years and how the holiday pay accrues.....is it 4 weeks equally accrued over the year so if you leave half way through she only gets 2 weeks etc. If you are friends and approach it right it shouldn't cause a problem be understanding but explain your issues without being accusing (I'm sure you wouldn't be), And get it in writing so you don't have issues going forward.

I already agreed with you that she also should have clarified, but I still think it was your responsibility to confirm at the time.
Your messages are reading as somewhat aggressive considering you actually asked for advice on what to do.

I am sorry you feel my messages are coming off as aggressive, they are not meant to be coming off that way.

I don't think your aggressive.
It's diffucult when friends are being "employed"

This is why I never mix business and pleasure as it causes issues however you have chosen her as your cm now. You need to put her in the business box with all dealings with her dealt in a business manner from now on.

Is paying holidays really a thing? I’ve not done it with two cms. If we take holidays that’s different, but what is the thinking behind it? I am not her employer, she’s not a nanny, so why would I be responsible for holidays?

My childminder takes 4 weeks hols per year for which the parents don't pay. She gives plenty of notice (knew this year's hols before the end of last year). We pay any time we take hols outsode of this though. We try to coincide our hols with hers for convenience.
Last year she had some time off for a planned operation; we didn't pay for the weeks she was unavailable. I think it would be reasonable to pay half in such circumstances though. It is not reasonable for your childminder to take hols for planned periods of sickness in order to get paid for it I don't think.

In my opinion your childminder is being cheeky asking for full payment for hols, and her contracts should reflect her policy. It's up to you whether to stay with her or look elsewhere, but don't let your friendship cloud your judgement, after all she hasn't! Remember this is a business arrangement, not a mate helping a mate out. There are plenty of other great childcare providers out there who I'm sure your DC would be just as happy with

Forgot to say, I've used three childminders and none of them have ever charged for their holidays

No childminder charges for when she is unable to mind. You are being royally screwed. She was recovering from an operation not having a holiday.

Child-minders like any other self employed person set their terms all self employed people charge for holidays most have to do it by their hourly charge as they work for hundreds of clients over the years childminders are in a position where they can choose to have paid holiday directly as they have a few customers (3 to 8 typically) over often many years 13 in some cases. childcare also is best done by the same setting not with fill ins so most parents choose to take the same time off as the child-minder rather then settle baby with a stranger for a week.
If you work out the annual cost for your childcare bill the cost of directly paid for holidays and free cm holidays tends to be the same because of differences in hourly rates and included items and often its cheaper. Its very blinkered to assume you are being ripped of by paying for a holiday.
The problem here is it not being in the contract which is a totally different thing.

marywasneeavirgin.................your wrong some do its very common especially with ones still charging the same rate as 8 years ago as they have moved to this rather than put rates up....daft as they are loosing out and it works out cheaper for a parent to pay holidays rather than have a rate increase of 10p and hour in many cases....many parents also claim tax credits of up to 70% of their weekly childcare bill but don't pay it back if not used for childcare tending instead to take the time off and keep the extra money.

I'm not saying I'm being ripped of for paying holiday pay... it's more of what's in the contract . I signed the agreement by what was put in the contract. Therefore believing I wasn't to pay... my original remark was asking which is the legal binding document. Because while anything can be stated in a policy. It's the contract in my eyes that's the one you go by.
. We don't get any support with child care cost or anything either . We don't earn loads and each week is tough as it is.