Childminder is charging for her holiday?

Question

I have been with my childminder for all three of my children. She has been great and everything has been fine. Under our existing contract she charges for when we are on holiday and for if my child is off ill which I totally understand about.

She has just given me a newsletter telling me that as of September she will be charging us when she is on holiday. I am not sure if this is right. She said that she is doing it in line with other childminders in the area.

This means we will have to pay her £50.00 while she has a week off (or 4 weeks off in total which she is entitled to of course) which will cost us an extra £200.00 a year to pay for this and also have to find another childminder to look after our child whilst she is away.

I assume that she is able to do this.

Answer 1

I think she does have the right to do this but it does seem unfair.  Some else mentioned this but do ring around other chidminders and see if they are doing it too.  If she is not with an agency ten technically she is self employed so i dont know whether she is actually allowed to do this.  When my partner was self employed, if he was sick or we had a holiday,, he had no income for that time.  

Also, has she said that she will expect pay if SHE is off sick?   If not, then why is she asking for holday money.  Be careful though, you dont want to put ideas into her head if she does not ask for sick pay.

Answer 2

I'm not an expert, but she is self employed, so she doesn't get holiday pay. I would question this with her, and maybe check with the council.

Answer 3

I think you have to check with someone on the laws. If you sign a contract with this in it, then you have to. I think if you have to pay while you are gone, plus while she is gone, that is accessive. I think you should know when she is on vacation, so you can plan yours while she is off, then you only have to pay once. If she takes off 4 weeks a year as some people do, plus your weeks off, Gosh I'm in the wrong business.

Answer 4

all employee's are entitled to paid holiday & i am sure she would have covered that in her contract...but if she hasn't..might be worth speaking to the Citizen's Advice Bureau.

however...if you don't agree..she won't look after your child...so i am not sure if you will be a winner here.

Answer 5

Okay, actually two questions here:

Can she do it?  Yes.  If she chooses to charge for up to 4 weeks holiday per year, she has the entitlement so to do, however as she will be self employed that may put her at a commercial disadvantage to others who choose not to charge for their own holiday period.  However by the sound of it, she's done her research!

Can she do it within the terms of your existing contract? No, probably not.  Therefore she will have to give you notice of intention to withdraw from your existing contract and present you with a fresh contract stipulating the revised terms, which it will be up to you to accept or reject (though the problem obviously will be if you reject it and find yourself unable to find a replacement whom you feel you can trust).  As long as you remain under the terms of your current contract you can refuse to pay.  But that may be self defeating in the end.

Add: The distinction between 'employed' and 'self employed' is not really material here, what it boils down to is what the contract between you and she says.  In the same way as any contracted service provided, the terms and conditions for the provision of that service (either with someone formally employed by you, or who is undertaking the work as a contractor) is summarised in the contract.  Therefore you can hold her to the terms of the existing contract and NOT pay holiday pay for ONLY as long as that contract has to run, and/ or pending any notice period to sever the contract.  She has already given her notice of intent to change her terms of service, so unless a new contract is mutually negotiated, you can expect her to give notice to qithdraw from the existing contract in due course.

Answer 6

Wow, that sucks. You must not want to take your children away from somebody who they are already comfortable with. If you really like her and trust her then I guess its worth it, but on the other hand if you find somebody else and ditch this lady then you will save money and your kids will learn that readjusting is part of life.

Answer 7

No she is not. She works for herself on a self employed basis and therefore is not entitled to holiday pay. She can have holidays and tell you that you will need to make alternative arrangements for your child whilst she is away, But she can NOT charge you for her time off!!! DO NOT pay her. You do what your contract says and if it is not in your contract, she can not make you pay. If she tries to add it to the contract when it is up for renewal, i would consider finding another childminder. It is not your problem that she wants a holiday and you certinley should not be paying for it. Childminders get enough money.

Answer 8

If you,re willing to pay then yes she can, i wouldnt be happy to pay however, phone around a few other child minders and see if they have the same policy

Answer 9

my childminder also has paid holidays just like any employee at any other job in the UK!  she doesnt take the normal full amount just a basic pay to compensate us having to pay someone else, she also tries to coincide her holidays with the school holidays.

At the end of the day, she like everyone else is entitled to a basic holiday pay, and the majority (not everyone) gets help from the government to meet childminder costs.  She is allowed to change the conditions of her contract as long as she gives plenty of notice.

Answer 10

This is actually very common. Employees are entitled to holidays, which is what a childminder is, just like with any other business.

Answer 11

i dont know any child minders who do this.

if she is making herself un available you shouldn't have to pay.

Answer 12

While she has every right to inform you of this new policy she has, you have every right to ask around and find out if this is actually common, as well as interview other childminders in the area to find a new one for your family.

If you really value her as a childminder, I would consider paying her vacation time, but if she is only average, then I would certainly find another who does not charge vacation time.

Answer 13

I don't charge for those things, but most of the other child care providers that I know, do charge.  I am thinking about charging for them too.  Do you get paid vacations? Do you get paid holidays?

I think parent should want the absolute best for her child care provider.  I don't necessarily think you should HAVE to pay for her vacations and holidays,(although I see nothing wrong with it at all), but if she is a great provider, isn't it worth it to you?

Answer 14

Surely thats not right???

Answer 15

That sounds totally unreasonable to me, i'd be looking about to see what other childminders are doing and looking to be moving to someone who's fees are appropriate.

Childminders in our area don't charge when they are on holiday (Lincoln uk)

Maj

Answer 16

I think she is moving from childminding to being more like a nanny - a nanny being employed by you on a fixed basis, and therefore entitled to paid holiday and sick pay.

If you use her on a near all-year-round permanant basis I would consider paying her for her holiday, but NOT for when you are on holiday (ie home and able to look after your children yourself) as you can give her these dates in advance and she shouldn't be paid for not working for you at those times.

She can't have it all!

Answer 17

it sucks, but it sounds about right.  you expect to be paid when you are on vacation when you use your leave, so why shouldn't she get the same deal?  

My daughter is in daycare and we have to pay everyweek for child care or we lose our spot.  After your child has been at the day care center for 6 months your child can take a "vacation."  Meaning if we go on a vacation for a week, then i would not have to pay child care for the week we are gone.  Which is not a bad deal (considering I pay $155 a week for my 1 year old).

I think you should take into consideration how much you pay her (is she giving you a good rate), and how well she cares for your child.  If you like her and she's a good provider then I would suck it up and pay her the vacation time.

Answer 18

if she is YOUR employee YOU must give her paid holiday but if she is employed by a company providing the services they pay for the holidays but if (as most childminders are) she is self employed she does not have the right to demand this but may put this in the contract at the start if you agree.

once a contract is signed you may not refuse the terms without agreement from all parties but if this is not in the contract you may refuse. if you are renewing your contract new terms may be added but you do not have to agree to these being added.

Answer 19

Yes I think she probably is- one of my friends is a childminder- she does get paid for holidays

http://www.childminding.ie/faq.htm

Should I be paid for holidays?

As a Childminder, you are self employed, and it is up to you to negotiate a contract with Parents, ideally before you start to mind child/ren, this contract should not only include the rate of pay, but contracted hours, levels of flexibility and whether or not you will get paid for holidays.

The Childminding Ireland Survey of Members shows that 38% of Irish Childminders get 15 days paid holidays a year. A survey of Childminders in England revealed that 57% of Childminders receive 4 weeks paid holidays and 27% receive 2 weeks paid holidays.

The Northern Ireland Childminder’s Association recommends that when you are negotiating your contract, you should seek 15 days paid holiday per year. If you wish to take extra holidays, outside these days, you will not be paid, but similarily, if the minded child is on holiday, outside these

negotiated days, you should be paid in full as normal.

Answer 20

assuming she is self employed like most childminders then she has no entitlements to any holiday pay,not even from you when you go away .if she is employed by a company that you get your childminders from then she is entitled to Holiday pay from them,NOT you, this seems to me to be yet another case of someone that wants all the benefits of being self employed without any of the downside of it,such as not getting Holiday pay or bank holidays off.