- Unlike crèches and day nurseries, childminders are supposed to continue working.
- However, certain provisions allow them to refuse custody of a child.
- They can also accommodate more children than usual.
Should we continue to entrust our young children to a childminder? While France went to confinement on Tuesday and the crèches and schools are closed, the parents wondered all week about the right attitude to adopt towards their nanny. Others did not have much to think about since they were suddenly confronted with a refusal of custody, more or less motivated. Was it justified? 20 Minutes helps you to see (a little) more clearly.
Should a childminder continue to take care of children?
Yes. Contrary to crèches and day nurseries, the Ministry of Solidarity and Health "does not demand the work stoppage of nursery assistants". They can therefore continue to take children into their homes. A fortiori if the parents of these children exercise a priority profession (health professions…).
Wouldn't there still be an aggravated risk of contagion to keep several young children in the same place?
A priori no. The scientific council of the Ministry of Health estimates that the risk of contagion is "sufficiently reduced when the groups of children do not exceed the number of ten". It is also the responsibility of childminders to regularly reproduce the famous “barrier gestures”, foremost among which is hand washing. As a reminder, children are very little affected by the epidemic but remain vectors of viral transmission.
Can a childminder refuse to accept children from non-priority parents?
Theoretically no. Unless there is a departmental exception, "maternal assistants are required to execute their employment contract and therefore to take care of children, even if their parents do not exercise a priority profession", replies the State. A special case however: if it is requisitioned by prefectural decision, the nanny can then refuse custody of the children linked to the contract.
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Can she refuse to take in children on the grounds that her parents work from home (telework)?
Theoretically no. Again, according to the State, teleworking is not a valid pretext, especially since certain priority professionals can telework. However, in order to respect the confinement imposed on all, and in the spirit of good citizenship, the departmental councils, which issue the approvals, advise non-priority parents to try to keep their children at home. If cohabitation is impossible to manage, one of the two parents can request a sick leave from work via Health Insurance.
In what cases does she have the right to refuse a child?
If the child has obvious symptoms of illness: the nanny can refuse it in order to protect himself and especially to protect the other foster children. She can also refuse if the custody of her own children, due to the closure of schools, no longer allows the reception of other children "under satisfactory material and sanitary conditions" (for example if the home is unsuitable or if the one of his own children has a disability). Finally, if the maternal assistant is herself forced into medical isolation due to the appearance of symptoms or contact with a sick person, she can obviously refuse to keep a child. No deduction from wages can be applied.
Can she exercise her right of withdrawal?
Theoretically no. The right of withdrawal is a measure allowing any employee to suspend his activity while keeping his salary if he considers that the work "presents a serious and imminent danger to his life and his health". The employer must therefore be alerted in advance and that a “reasonable” reason must be set against him. However, according to the government, the current pandemic could not be retained within this framework. However, in the event of a conflict, it will probably be up to the courts to decide this point precisely. In the meantime, in view of the exceptional nature of the period, parents and nanny are invited to discuss to find the most reasonable solution.
Can a childminder take in additional children?
Yes. Given the closure of nurseries and schools, she can obviously keep her own children if they were schooled or previously kept in community. But, if she wishes, she can also very well welcome children of priority professionals if they were usually welcomed by a colleague forced to stop her activity. It thus makes it possible “to offer solutions to preserve the activity of the parents”, underlines the State.
What is the maximum number of children it can accommodate during the health crisis?
Usually, a childminder can accommodate up to four children if she has full approval. Given the context, this regime has been relaxed by the Ministry of Solidarity and Health. By way of derogation, since March 16, it has in fact been authorized to accommodate up to six minor children in its home. A ceiling to be lowered if she must simultaneously keep her own children under the age of 3. To make use of this provision, childminders must inform their PMI.
What happens if it is the parent who decides for himself not to entrust his child to a childminder?
The contract continues and the salary must be paid.
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