Childminder charging me when she was off sick?

unholyangel

FatVonD wrote: »

I disagree, she hasn't 'taken advantage' because she didn't plan to be sick when your daughter wasn't there.

I would liken this (though it's by no means the same, in fact it's from the opposite perspective) to taking two weeks of annual leave and then falling ill for a week of it, you wouldn't contact your employer and say 'actually, if I'd been working I'd have got paid sick leave for that week so I'll have my holiday entitlement back, please.

It's just one of those unfortunate things.

And if the daughter had been feeling better, she'd have had to tell OP to make alternative arrangements and wouldn't have charged her so she has used the circumstances in a way that is beneficial to her and detrimental to OP. I'd say that perfectly epitomises taking advantage.



This might be of interest also.

If an employee is ill just before or during their holiday, they can take it as sick leave instead.

Employers can’t force employees to take annual leave when they’re eligible for sick leave.

izoomzoom

Childminders are NOT employees of any parents.

They are self employed people who provide a service to look after the children of parents, whom they enter into contract with.

I do agree that the Childminder has taken advantage of the situation, and should refund the parent the hours they were not available to look after the child, provided this is what is stated in the childcare contract.

northwalesd

unholyangel wrote: »

This might be of interest also.

That is interesting, my employer's stance is "if you're ill on your holiday that's just tough luck". If I ever am (again) I'll try pointing them to this.

TBagpuss

I agree that the best way to deal with it would be to start out by having an information conversation with the childminder to clarify what the situation was.

It may be that she'd prepared your invoice before she knew she was ill, as you'd let her know that your daughter would not be in, so depending on how organised she is she may not even have thought about it.

I think that if she was ill enough to cancel all the children she was looking after it would be reasonable to adjust the bill to reflect the fact that she could not have cared for your daughter in any event, but as it seems she is a good childminder and one you generally have a good relationship with, I would also go into it with the mind set that you have not been left out of pocket at all, you paid what you expected to pay, so don't go in all guns blazing.

Although it is not strictly relevant, having to cancel will probably have had quite a big financial impact on her and she may be relying on the money you paid, so offering to offset it against your next bill rather than asking for a refund may be much more doable for her on a practical level

If it were me, I would go in with the assumption that it is an oversight rather than any attempt to take advantage, and proceed accordingly.

Jojo_the_Tightfisted

Turquoiseunicorn wrote: »

Hi
My daughter has been with my childminder since she was 6 months old, she is now 4 and our childminder is great. When I signed our contract, it stated that any time my daughter missed would still needed to be paid for but if she or her children where sick then I would not be charged.

My daughter had a heart op a few weeks back and as a result missed 9 days of childminding. I lost my salary by staying home with her but I knew and accepted I would have to pay for her missed time and knew in advance so it wasn't an issue.

I paid the invoice Friday (including the 9 days she was absent for) however, today on drop off i was talking to the mum of a little boy she also cares for who was telling me how much of a nightmare it was to find alternative childcare recently. Upon talking further, I learnt that the childminder had bronchitis so took 6 childminding days off (meaning the mother of the boy had to find alternative care but also didn't have to pay for six days)

I was charged for the six days she would have been off sick for had my daughter been able to attend. I feel slightly cheated and that she's took advantage of the fact she knew my daughter would be off for a long period of time.

Do you think I am within my rights to ask for a refund or to put it towards Mays bill? How would I approach the subject?

I'd be more irritated by my employer making me take unpaid leave for my daughter having a heart operation, personally. Not because the law says differently, it clearly says it's unpaid, but because it's hardly on the same level as having time off because she's got a cold or tummy bug,

My employer gave me time off on full pay when my youngest was admitted to hospital as an emergency at age 15 and still paid me in full because they thought it was the right thing to do - and they gave me a week off afterwards to 'help get over the shock'.


Anyhow, that's all emotional responses, the thing is that the absence had already been arranged prior to her becoming ill - and having a good relationship with a childminder is something to be protected, particularly as it would appear that they aren't easily found in your area (or the other parent wouldn't have had a problem). I personally think that it's worth paying her, particularly as she won't have had any other income from that period.


I do hope your daughter's operation was entirely successful, by the way - it must have been stressful for you all.

rpc

northwalesd wrote: »

That is interesting, my employer's stance is "if you're ill on your holiday that's just tough luck". If I ever am (again) I'll try pointing them to this.

It isn't particularly clear within UK law, especially if you actually go on holiday (and to confuse it even more, you can take holidays while on sick leave).

ACAS guidance is:

What happens if you are sick during your holiday?
Case law suggests that a worker who falls ill during a period of annual leave may be entitled to reclaim this leave. This is a complex area and you may need to seek legal advice.

There are ECJ rulings that, basically, if you are not fit for work then you are entitled to sick pay and to reschedule your holiday entitlement. The sole discriminator for sick leave is fitness to work. ANGED v FASGA (a Spanish case) is the most relevant I think.

Case law is not statute law and so actually applying that is probably rather more complicated. It may cost you quite a bit of money.

Fireflyaway

If you gave her notice of your absence before she was sick, she might have genuinely overlooked it, or might be hoping you wouldn't find out!
I would mention it because its unfair to charge one parent and not another. If you have been a good customer for so long, I'd hope she would honour the discount for the days she was sick.