Breaking of a maternity assistant's employment contract by an individual employer
Verified 13 June 2025 - Directorate for Legal and Administrative Information (Prime Minister)
An individual employer who employs a registered childminder may decide to terminate his employment contract. The possibilities for terminating the contract differ depending on whether the childminder is employed in DTA: titleContent or CSD: titleContent. This breach of contract has the same effect as a dismissal if the childminder is in DTA: titleContent. We are taking stock of the regulations.
DTA
Yes, the contract of employment of the childminder may be freely broken during the trial period.
This rupture must be notified in writing, but it is not mandatory to state the reason.
However, that ground cannot be based on a criterion discriminatory or unlawful.
Yes, the employer may terminate the contract of employment of the childminder. That's what we call removal of the child.
The employer is not obliged to indicate the reason for the child's withdrawal. However, it cannot be based on a criterion discriminatory or unlawful.
In some cases, the childminder is protected against the breach of her employment contract.
The possibilities of terminating the employment contract of a childminder differ according to the situation of the childminder.
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Disruption at the initiative of the employer
General case
After the trial period, it is possible to no longer entrust the child to the childminder and to break the employment contract. The employer may exercise his right to withdraw the child. Such withdrawal shall entail the termination of the contract of employment.
This decision of rupture (for removal of the child) is notified by letter RAR: titleContent or hand-delivered against discharge. Pre-maintenance is not required.
Termination of the contract envisaged during the pregnancy of the maternal assistant or after her maternity leave
During pregnancy or after maternity leave, the childminder shall be granted protection relative against the breach of his employment contract.
The breach of contract is possible only in the following 2 cases:
- Fault serious
- Impossibility of hold the contract for a reason foreigner to pregnancy.
There are 2 periods of relative protection.
1re period
Relative protection beginning as soon as the childminder informed her employer of her pregnancy.
This 1re period ends when the childminder starts her maternity leave.
2nde period
Relative protection is 10 weeks. It begins:
- Either at the end of maternity leave
- Or at the end of paid leave taken immediately after maternity leave, if any.
The employer who wishes to terminate the employment contract notify breaking up by letter RAR: titleContent or hand-delivered against dump.
Pre-maintenance is not required.
The letter shall obligatory specify the motives retained.
Termination of contract envisaged during maternity leave
During maternity leave, the childminder shall be entitled to a period of protection absolute against the breach of his employment contract.
The breach of contract is not possible during the maternity leave of the childminder.
This absolute protection covers all maternity leave, whether or not the mother's assistant uses this leave.
The period of absolute protection against rupture also covers a work stoppage linked to the pathological condition of pregnancy certified by a medical certificate.
The condition may be before the expected date of delivery or after delivery, or both.
The duration of maternity leave is then increased. This increase is limited to 2 weeks before and 4 weeks after.
Protection absolute covers all of the following periods:
- Maternity leave
- Disorder-related work stoppage before maternity leave within 2 weeks
- Discontinuation of work due to a medical condition after maternity leave within 4 weeks.
Protection absolute also applies during paid leave taken immediately after maternity leave (possibly plus pathological leave).
Proposed termination of contract during sickness
The illness cannot be the reason breach of contract, this ground being discriminatory.
He is possible to terminate the employment contract during that period for a reason foreigner to the disease.
The employer who wishes to terminate the employment contract notify breaking up by letter RAR: titleContent or hand-delivered against dump.
Pre-maintenance is not required.
It is not obligatory to indicate the reason for the break, but in this context, it is advisable to do so to limit disputes.
Break imposed on the parties as a result of the suspension, amendment or withdrawal of the approval of the childminder
Department departments must notify to the employer suspension, amendment or withdrawal the approval of the childminder.
The employer and the childminder shall be required to suspend, withdraw or amend the approval.
From this notification, the child can no longer be entrusted to the childminder and the employment contract is broken without notice, or severance pay.
The individual employer notifies the maternal assistant by letter RAR: titleContent or by hand delivery against discharge on forced withdrawal of the child.
This shall take effect on the date of notification of the suspension, amendment or withdrawal of the authorization by the departments of the Department.
Rupture as a result of the death of the child entrusted to the maternal assistant
The death of the child entrusted to the childminder entails the automatic termination of the employment contract on the day of death.
The employer or a third party shall inform the childminder in writing of the date of the child's death.
Warning
The employer and the childcare worker shall not conclude any conventional break to break the employment contract.
If the child is removed, notice must be given between the parties.
Seniority in determining the length of notice shall be calculated on the day of the registered letter's mailing date with AR: titleContent or hand-back against dump.
The minimum period of notice depends on seniority of the childminder working for the individual employer:
Maternity assistant's seniority | Minimum period of notice |
|---|---|
Less than 3 months | 8 calendar days |
Over 3 months and less than 1 year | 15 calendar days |
Over 1 year | 1 calendar month |
Can you be exempted from notice?
The rules vary depending on whether the exemption is initiated by the employer or the childminder:
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By the employer
The employee shall be paid as if he had worked during that period. The period of notice not worked shall be taken into account for the determination of entitlement to paid leave and for the calculation of seniority.
Requested by employee
The rules vary depending on whether or not the employer grants the notice waiver:
Employer's agreement
The employment contract shall end on the last day worked. The employee is not paid for the unrealized part of the notice.
Refusal of the employer
If the employer refuses, the employee must give notice.
If the employee does not give notice, the employer may ask the employee to pay him compensation equal to the amount of net remuneration corresponding to the duration of the unrealized notice. They may also request damages.
Can the notice be postponed or suspended?
The notice shall be suspended in the following situations:
- Work stoppage following an occupational disease
- Maternity or adoption leave
- Taking paid leave, unless the parties agree otherwise in writing.
These suspension periods postpone the end of the notice period.
Please note
In case of gross negligence, of gross negligence or withdrawal of approval, there is no no notice. The contract is terminated on the day of notification the breakdown by the individual employer.
The notice shall start on the day of 1re presentation of letter RAR: titleContent notifying the breakup the contract of employment, or the day of hand-over against dump to the childminder.
In the event of the child's withdrawal, compensation is payable to the employee.
From 9 months seniority, severance pay shall be due. It is not due in case of gross or serious misconduct.
Seniority is calculated as of date dispatch of letter notifier breaking up.
In case of death of the child of the individual employer, this seniority condition is deleted and the compensation is due.
Sound upright equals 1/80e of the total gross wages received during the duration the contract (excluding maintenance and meal allowances).
Please note
This allowance shall not be pitch due in the event of amendment, suspension or withdrawal of approval.
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 the total gross remuneration received in the reference year.
FYI
If the reception period is 46 weeks or less, the employer shall, if necessary, pay adjustment which can only be to the advantage of the childminder.
Documents to be submitted
The individual employer duty submit 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 enables the following steps to be taken on the Internet in connection with the termination of the employment contract:
Deadline for submitting documents
Time limits for submitting documents vary depending on whether or not the childminder provides advance notice:
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Advance notice given by the nursery assistant
The documents are delivered on the contract end date, i.e at the end of the notice period.
Waiver of notice by employer
The documents are delivered on the contract end date, i.e at the end of the notice period.
Waiver of notice requested by the childminder
The time limits vary depending on whether the mother's assistant has asked to be exempted from giving notice in full or in part:
Total waiver of notice
Documents shall be submitted at the latest 2 calendar weeks after the last day worked.
A certificate stating the date on which the employee is free of any commitment may be given by the employer to the employee who so requests.
Please note
Where the period of notice is less than 2 weeks, the documents shall be delivered on the date of termination of the contract, i.e. end of notice.
Partial waiver of notice
Documents shall be submitted at the latest 2 calendar weeks after the last day worked.
A certificate stating the date on which the employee is free of any commitment may be given by the employer to the employee who so requests.
Please note
Where the partial waiver of notice is less than 2 weeks, the documents shall be delivered on the date of termination of the contract, i.e. end of notice.
Disputes shall fall within the jurisdiction of the prud'homme council of the home of the childminder.
CSD
The work contract of the childminder may be severed at will.
This rupture must be notified in writing, but it is not mandatory to state the reason. However, that ground cannot be based on a criterion discriminatory or unlawful.
An employer who wishes to break the probationary period must meet a notice period under the following conditions:
Duration of presence | Minimum warning time |
|---|---|
Less than 8 days | 24 hours |
Between 8 days and 1 month | 48 hours |
After the test period, the anticipated failure of the CSD: titleContent is permitted in the following cases:
- Agreement between employer and employee
- Serious misconduct
- Force majeure.
In other cases, the early termination of the CSD may give rise to damages.
Their amount shall be at least equal to the remuneration which would have been received until the end of the contract.
The employer pound to the childminder an allowance termination date (said precarious allowance) equal to 10% of gross remuneration total paid during the contract. This allowance shall not be pitch due in case of rupture for gross negligence or force majeure.
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 the total gross remuneration received in the reference year.
FYI
If the reception is on 46 weeks or less, the employer shall, where appropriate, regularize the salary, which may only be to the advantage of the childminder.
The individual employer duty submit 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 enables the following steps to be taken on the Internet in connection with the termination of the employment contract:
Procedures for termination of child care contracts
Please note
The documents shall be submitted at the end of the CSD: titleContent.
Disputes shall fall within the jurisdiction of the prud'homme council of the home of the childminder.
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