Accreditation of a childminder suspended, modified or withdrawn: what to do?
Verified 18 December 2023 - Directorate for Legal and Administrative Information (Prime Minister)
To keep children at home, a childminder must be licensed. It is issued by the departmental council. In certain cases, the departmental council may decide to modify, suspend or withdraw the approval of the mother's assistant. Department departments must notify to the employer the suspension, amendment or withdrawal of the authorization.
Amendment, suspension or withdrawal of approval is necessary the employee and the employer.
From this notificationHowever, the child can no longer be entrusted to the childminder.
The individual employer notifies the maternal assistant by letter RAR: titleContent or by hand delivery against discharge on forced withdrawal of the child.
Withdrawal shall take effect on the date of notification of the suspension, amendment or withdrawal of approval by the department.
The maternity assistant's employment contract is then broken without notice, or severance pay.
Allowance for termination of employment
The maternal assistant does not receive severance pay.
Compensatory leave with pay
If there is any untaken paid leave remaining on the date of termination of the contract, a leave allowance paid is due.
This allowance shall be equal at the higher of the 2 amounts:
- Gross remuneration received by the employee for a period of work equivalent to that of the remaining paid leave
- 1/10e of the total gross remuneration received in the reference year
FYI
If the child is taken in on 46 weeks or less, the individual employer shall make final adjustments to the salary at the end of the contract.
At the end of the employment contract, the individual employer must provide the employee with the following documents:
- Work Certificate
- Receipt for balance of any account which details the sums paid when the contract of employment is terminated
- Certificate for France Travail (formerly Pôle emploi)
A service allows to carry out online the steps related to the termination of the employment contract:
Disputes shall fall within the jurisdiction of the prud'homme council of the home of the childminder.
Termination of contract (Article 119)
Notification of withdrawal of approval by the department