Home childcare is based on a legal framework distinct from that of a childminder. While the latter operates under PMI approval with periodic checks, home childcare falls under the Labor Code and the collective agreement for private employers. This difference in status transfers direct responsibility to parents regarding safety, verification of skills, and formalization of daily practices.
Regulatory framework for home childcare and employer obligations
Home childcare does not require any approval from the Maternal and Child Protection services. The parent becomes the employer in the full sense of the term, with the obligations that arise from this: Urssaf declaration, written employment contract, and compliance with legal rest periods.
The national quality framework, initially designed for collective structures, now also applies to childcare in the parents’ home. It covers principles of reception, health, and safety, even though it does not have binding regulatory value in this context. We recommend using it as a guideline when drafting the specifications sent to the caregiver.
One point that mainstream articles frequently overlook: the absence of approval means that parents must verify the references, integrity, and professional liability insurance of the hired person themselves. A declared service provider conducts these checks in advance, which partly explains the hourly cost difference between direct employment and service provision.
Daily safety: formalizing protocols in the contract
The safety of a child cared for at home does not rely on a label or external control. It depends on the quality of the written protocols that the parent employer establishes. As detailed on the NewTopia Magazine website, this formalization constitutes the foundation of reliable and peaceful childcare.
A written emergency protocol reduces risks related to domestic incidents. This document should be included as an appendix to the employment contract and cover several concrete situations:
- Actions to take in case of fever, fall, allergic reaction, or seizure, with emergency numbers and the contact details of the attending physician displayed in the main room.
- List of authorized persons to pick up the child, with identification required for anyone not known to the caregiver.
- Rules for securing spaces: cleaning products locked away, stair gates, bathwater temperature, access to the balcony or garden.
- Specific prohibitions related to screens, food (identified allergens), or outdoor outings without prior agreement.
We observe that families who formalize these protocols at the time of signing the contract significantly reduce areas of ambiguity. A caregiver with a clear framework gains confidence and responsiveness.
Daily communication protocol
Beyond emergencies, safety involves regular monitoring. A paper or digital communication notebook, filled out daily by the nanny, allows for tracking meals, naps, minor incidents, and behavioral observations. This document also serves as proof in case of disputes.
Home childcare and shared custody: individualized rights for each parent
Separated families in shared custody now have individualized rights to the complement of free choice of childcare. Each parent can declare their own childcare hours and receive assistance calculated based on their personal resources.
This evolution makes home childcare more feasible when the two households, schedules, or parental arrangements differ. A parent with irregular hours can employ a night caregiver during their residency without impacting the rights of the other parent.
The calculation of the CMG now takes into account monthly resources, the number of children, each child’s age, the hourly cost, and the actual number of hours worked. The out-of-pocket expense can increase or decrease depending on each household’s situation. We recommend simulating the amount before committing to a weekly hourly volume.
Verification of skills: what the parent employer must check
In the absence of PMI checks, the responsibility for validating the caregiver’s skills rests entirely with the parent. Hiring directly imposes a rigor that using a mandating or service structure can alleviate, but never completely eliminate.
Verification criteria before hiring
- Diploma or certification in early childhood (CAP AEPE, professional title of family life assistant, or equivalent). Request a copy of the diploma, not just an oral declaration.
- Certificate of training in first aid adapted for infants and young children, recently renewed.
- Verifiable references from previous employers, with direct phone contact.
- Criminal record extract (bulletin no. 3) or a sworn statement pending its production.
The collective agreement for private employers provides for continuing education hours. Using these to fund an update of skills in domestic safety or infant nutrition enhances the quality of care over time.
Insurance and liability
The parent’s home insurance policy must cover the presence of a third-party employee at home. Checking the “childcare” clause with the insurer avoids any exclusion of coverage in case of an accident. The caregiver must also have their own professional liability insurance.
Home childcare offers a level of personalization that collective modes cannot achieve. This personalization is only valuable if it is based on a rigorous contractual framework, written safety protocols, and methodical verification of skills. The parent employer is the primary guarantor of their child’s safety, and this role begins well before the first day of care.
