A childminder contract (contrat assistante maternelle) is a written employment contract, signed by the employing parent and the approved childminder before care begins. It sets out the hours, the monthly-averaged salary, the paid leave, the maintenance allowance and the trial period. It falls under the French collective agreement (convention collective) for private employers and home-based employment, in force since 1 January 2022.
This guide follows the rules published by Urssaf (the French agency that collects social security contributions) and the fact sheets of the Ministry of Labour’s regional offices (DREETS), to help you prepare this document with peace of mind.
Is a childminder contract compulsory?
Yes. Urssaf puts it unambiguously: “A written employment contract is compulsory.” It is dated and signed in two copies, one for each party. You are the employer, so it is up to you to put it forward, even though childminders often have their own template.
The reference framework is the collective agreement for the private employers and home-based employment sector, identified as IDCC 3239 (its official agreement number). Signed on 15 March 2021, it has applied to all employers since 1 January 2022. It replaced the former agreement specific to childminders.
Urssaf provides three downloadable templates, published on 17 April 2024: a permanent contract, a fixed-term contract and an amendment template for changing an essential term of the contract later on.
The clauses to include in the contract
According to Urssaf, every contract for an employee hired by a private individual states:
- the identity and contact details of both parties;
- the applicable collective agreement;
- the length of the trial period;
- the duration and hours of care;
- the pay;
- paid leave and public holidays;
- any other allowances.
For an approved childminder, there are also items specific to the profession:
- the reference number and dates of the approval issued by the conseil départemental (the local county council);
- professional liability insurance;
- car insurance, if the childminder drives your child;
- the basic monthly salary;
- how leave will be taken;
- the amount of the daily maintenance allowance;
- the option chosen for meals: provided by the parents or by the childminder.
Think about the practical side too: who is allowed to collect your child, your GP’s contact details, sleep and eating habits. These often go in a separate document, the care plan (projet d’accueil). Our childminder kit list helps you get ready for the first day.
Full year or partial year: how the monthly salary is calculated
For regular care, the salary must be paid monthly. It is spread evenly over twelve months, even if your child is not looked after in certain weeks. The calculation depends on the number of weeks of care planned over twelve consecutive months.
Care over 52 weeks (full year)
Your child is looked after all year round, apart from the childminder’s holidays. The DREETS Occitanie fact sheet, updated on 5 November 2024, gives the following formula:
hours per week × 52 ÷ 12 = monthly hours, then multiplied by the gross hourly wage.
The childminder’s paid leave is then taken during the year and paid according to the rules of the agreement.
Care over 46 weeks or fewer (partial year)
This applies to families who don’t need care in certain weeks, for example during their own holidays. The formula replaces 52 with the number of scheduled weeks:
hours per week × scheduled weeks ÷ 12 = monthly hours, multiplied by the gross hourly wage.
DREETS gives an example. The parents don’t want care for 7 weeks, and the childminder takes 5 weeks of leave, 2 of which overlap. The weeks not worked therefore total 7 + 5 − 2 = 10, leaving 42 scheduled weeks.
In a partial year, the paid leave earned is paid on top of the basic monthly salary. An adjustment is made on the contract’s anniversary date and at the latest when the contract ends, comparing the salary paid with the salary due. It can only work in the employee’s favour.
What about occasional care?
For one-off care, the salary is not averaged monthly. It is calculated on the actual duration of care, as Urssaf states.
Your childminder’s paid leave
Like any employee, a childminder earns 2.5 working days of leave per month worked, under the French Labour Code (Code du travail). The contract specifies how this leave is booked and paid.
Two points call for some forward planning:
- The dates. A childminder who looks after several children has to juggle the wishes of several families. It’s best to agree on the closure period early in the year.
- The payment method in a partial year. The agreement provides for several calculation methods. Check the one you choose and write it into the contract to avoid misunderstandings in June.
If your holidays don’t match your childminder’s, plan a back-up solution. Our article on childcare options in France runs through the choices available.
The trial period and the first few days
The trial period is not automatic: it only applies if the contract provides for it. The DREETS Auvergne-Rhône-Alpes fact sheet of 18 March 2024 sets its maximum length:
- 2 months if your child is looked after 4 days or more per week;
- 3 months if your child is looked after 1 to 3 days per week;
- 30 days for the care of a new child from the same family, if a contract is already under way and its trial period went well.
The first few days are often used for a gradual settling-in. Your child gets to know the place and the person through short sessions, then longer ones. The principles are similar to those described in our article on settling in at nursery.
Salary, allowances and declaration
The contract separates several elements of pay:
- the gross hourly wage, which cannot be lower than the minimum set by the agreement;
- the maintenance allowance, paid per day of actual care, which covers the cost of toys, water or electricity;
- meal costs, if the childminder provides the meals;
- additional or overtime hours, beyond the agreed schedule.
Each month, you declare the pay on Pajemploi, Urssaf’s online service for declaring childminders’ pay. This declaration is also how the childcare supplement (complément de libre choix du mode de garde) is calculated and paid. Our article on the CMG for childminders explains how it has been calculated since the 2025 reform.
The contract also sets out how your child’s absences are handled, within the framework of the collective agreement. Absences due to illness are common in the first year: our article on babies falling ill in group childcare helps you prepare.
What happens when the contract ends?
The parent can end the contract by withdrawing the child. According to the DREETS fact sheet of 18 March 2024, the decision is notified by recorded delivery letter with acknowledgement of receipt, or handed over in person against a signed receipt, whatever the length of service.
A notice period applies, except in cases of serious or gross misconduct:
- 8 days if length of service is under 3 months;
- 15 days between 3 months and less than a year;
- 1 month from one year onwards.
From 9 months of service, a termination payment is due, except in cases of serious or gross misconduct. It equals 1/80 of the total gross salary received during the contract. The employer then hands over a final payslip, an employment certificate, a certificate for France Travail (the French public employment service) and a final statement of account.
If the contract was on a partial-year basis, a final adjustment compares the salary paid with the hours actually worked.
Preparing the contract: your checklist before signing
- Check the approval and the number of children it covers with the conseil départemental.
- Choose between full year and partial year, counting your weeks of absence.
- Set the hours, the days and the rules if you are running late.
- Decide who provides meals and linen.
- Calculate the monthly salary and the maintenance allowance.
- Agree on leave and how it is paid.
- Plan the trial period and the settling-in.
- Register with Pajemploi and apply for the CMG.
Ideally, prepare the contract during your leave, a few weeks before going back to work. It also weighs on the year’s budget: our article on a baby’s budget in the first year puts childcare alongside the other expenses.
Sources
- Urssaf, “Préparer le contrat de travail pour un salarié à domicile ou un assistant maternel”, page published on 8 April 2024, contract templates published on 17 April 2024.
- DREETS Occitanie (DDETS de la Haute-Garonne), “Le contrat de travail des assistants maternels : mensualisation”, version of 5 November 2024.
- DREETS Auvergne-Rhône-Alpes, “Assistants maternels employés par des particuliers : rupture du CDI par l'employeur”, fact sheet of 18 March 2024.
- Code du travail (French Labour Code), article L3141-3 (accrual of paid leave).
