Working time of a childminder employed by an individual
Verified 05 February 2024 - Directorate for Legal and Administrative Information (Prime Minister)
The working hours of a childminder are governed by specific rules. The employment contract shall specify the information relating to working time. Should maximum working hours be respected? Is it possible to work overtime? How long is the daily and weekly rest period? Can the childminder work on a holiday? We're doing an update on the regulations.
Warning
The legal working time of 35 hours per week does not apply.
The usual length of the welcome day is 9 a.m..
The childminder must have a daily rest of at least 11 hours in a row, all employment contracts combined.
The working hours of the childminder shall be fixed at 45 hours per week. It is fixed by the national collective agreement individual employers and home employment.
The employer may not require the childminder to work more than 48 hours per week.
However, this working time may be exceeded if the childminder agrees written.
This 48-hour duration is calculated on average over a period of 4 months.
Please note
With the agreement of the childminder, the working hours may be calculated over a period of 12 months, up to a maximum of 2,250 hours per year.
The working time of the childminder shall be counted according to the following rules:
- Start of work at the scheduled time in the contract, by the schedule or at the arrival time of the child if the child is dropped off earlier than planned
- Finish work at the scheduled time in the contract, by the schedule, or at the child's departure time if the child is picked up later than scheduled
The childminder must have a daily rest at least 11 hours in a row, all employment contracts taken together.
The childminder shall be granted a weekly rest period of at least 24 hours. This weekly rest period is supplemented by a daily rest period of 11 hours.
The total rest time therefore has a minimum 35 hours.
The weekly day of rest shall be specified in the contract. It is preferably given on sunday. However, another day may be chosen by agreement between the employer and the childminder.
Where the childminder has several employers, the day of rest is the same for all employers.
Maternal assistant cannot be employed more than 6 consecutive days in the same week.
Please note
If the child is exceptionally confided the weekly day of rest, hours shall be paid at the standard rate plus 25% or are recovered in the form of a paid rest period, the duration of which is increased in the same proportions.
The compensation must be fixed between the employer and the childminder before the reception.
In case of exceptional or unforeseeable situations, hours may be spent, by mutual agreement, beyond those provided for in the contract of employment.
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Hours worked in excess of the contract duration and up to a maximum of 45 hours per week
Hours worked beyond the weekly contract duration, and up to 45 hours per week, are referred to as additional hours.
The additional hours may give rise to a salary increase if the contract so provides.
Please note
If, for 16 consecutive weeks, the number of overtime hours exceeds 1/3 of the duration laid down in the employment contract, the organization of work must be discussed again between the parties.
Hours worked beyond 45 hours per week
Hours worked beyond 45 hours per week are called hours increased.
The rate of increase of these hours shall be determined by agreement between the childminder and the employer.
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Hours worked in excess of the contract duration and up to a maximum of 45 hours per week
Hours worked beyond the weekly contract duration, and up to 45 hours per week, are referred to as additional hours.
The additional hours may give rise to a salary increase if the contract so provides.
Please note
If, for 16 consecutive weeks, the number of overtime hours exceeds 1/3 of the duration laid down in the employment contract, the organization of work must be discussed again between the parties.
Hours worked beyond 45 hours per week
Hours worked beyond 45 hours per week are called hours increased.
The rate of increase of these hours shall be determined by agreement between the childminder and the employer.
The employment contract must specify the organization of work to accommodate the child.
Working time is defined as the time the child is taken in (i.e. the number of weeks of work over 12 months, days and hours of work in the week).
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General case
They are defined in the employment contract. The parties may provide for the possibility of amending them within a time limit fixed in the contract.
Periods of work are unknown at the time of hiring
The child is expected to stay with the child for 46 weeks or less
When periods unworked are not known to the employer when the employment contract is signed, they are communicated in writing to the employee.
A notice period of 2 months minimum must be respected.
Periods unworked fixed in this way may subsequently be amended, by agreement of the parties, within a preventive period laid down in the contract of employment.
Other
Where the periods worked cannot be determined in advance due to particular constraints of the employer, a written work schedule shall be given to the childminder
The employer must then comply with a pre-emptive period provided for in the contract of employment.
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General case
They are defined in the employment contract. The parties may provide for the possibility of amending them within a time limit fixed in the contract.
Periods of work are unknown at the time of hiring
The child is expected to stay with the child for 46 weeks or less
When periods unworked are not known to the employer when the employment contract is signed, they are communicated in writing to the employee.
A notice period of 2 months minimum must be respected.
Periods unworked fixed in this way may subsequently be amended, by agreement of the parties, within a preventive period laid down in the contract of employment.
Other
Where the periods worked cannot be determined in advance due to particular constraints of the employer, a written work schedule shall be given to the childminder
The employer must then comply with a pre-emptive period provided for in the contract of employment.
Regulations differ depending on whether the public holiday is 1er May or another public holiday.
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May 1
The 1er may is a public holiday unemployed person if there's a usual day child care.
The employer and the childminder may agree that the day is worked. Today's work must be exceptional.
Other public holidays
Ordinary public holidays worked shall be provided for in the written contract of employment.
In the absence of a written statement, work on an ordinary holiday may take place only if there is a common written agreement between the parties.
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May 1
The 1er may is a public holiday unemployed person if there's a usual day child care.
The employer and the childminder may agree that the day is worked. Today's work must be exceptional.
Other public holidays
Ordinary public holidays worked shall be provided for in the written contract of employment.
In the absence of a written statement, work on an ordinary holiday may take place only if there is a common written agreement between the parties.
Disputes shall fall within the jurisdiction of the prud'homme council of the home of the childminder.
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The informants who answer you belong to the ministry responsible for labor.
Labor Code provisions applicable to maternity assistants employed by an individual (Article L423-2)
Working time (Articles L423-21 to L423-22)
Working time (Articles D423-10 to D423-13)
Working hours (Articles 96 to 99), weekly rest (Articles 46 and 100), public holidays (Article 47)
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