Notice period

[BendyBeard]

Just wondered if anyone had any thoughts on this situation.

We’ve given notice to our CM as we’re moving away. Our contract says 4 weeks notice and we gave this in writing last Monday (11th).

Unfortunately this notice period has coincided with her going into hospital and she’ll be off work for the last two weeks of the notice period. We’d already sorted out alternative childcare for this time, and as we don’t pay for CM if she is off sick it was ok, as we were only going to be paying one set of childcare fees at a time if you see what i mean.

Our CM is now saying we need to pay her for the whole 4 week period as the notice period can’t include any time off.

This means we’re now paying double for those last two weeks. She wasn’t expecting to be paid by us for that period, and we’re having to pay someone else as she isn’t available.

Does this seem normal? She’s been fantastic and I don’t want any bad feeling so I think we’ll have to suck it up. It just doesn’t seem quite right.

I think this depends on what your contract says about paying her whilst she's sick? Most childminders don't charge for their sick leave, in which case you shouldn't have to pay her.

The contract probably says notice can't be during absence. You are not paying double when she's off, you are paying the rest of the notice period after her absence. My contract has it as a standard term.

It usually covers holiday periods, but could be any absence.

I have waived the extra time before, but didn't have to.

Yes that makes sense SMaCM.
So in theory he could still go to her for that couple of weeks notice we’re paying for after her absence?

The clause is pretty standard and definitely in Pacey contracts, Its to protect both parties and give the full period for you or her. If you had booked the time off would you want to then have to recover/spend holiday etc. looking for childcare? Reset the end of notice as 2 weeks later or offer to compromise and meet half way

Fannyfanakerpants - its not sick leave but pre planned and booked time of the clause normally says pre booked time off.

Yes, your notice period is the two weeks before her time off and the two weeks after, so you can send your child during that time.