Daycare Provider Issue

Sounds like she's bitter your kids are leaving or in her eyes the money is leaving.

She didn't give you even a week's notice for her vacation and it's extremely hard to find back up care. Plus pay addnt'l for back up care. That is rude.

The county usually pays the provider for x amount of days for the month regardless of whether your child goes or if somoene is sick or on vacation. I know my daughter's daycare is closed next week to get ready for back to school and I believe they're still getting they're monthly payment. I wouldn't worry about her and I wouldn't pay her. If she's a daycare provider she should know exactly how the county works with payment.

I am a provider myself. What is in her contract? Does it say that you have to pay her vacation time whether or not you are there for the whole year? here's the thing...most providers haveit in their contract that once you give your two weeks-you are responsible for payment whether your kids attend care or not. I guess you just have to read her contract. If it doesn't say anything about paying for the two weeks you are free to go, but if it says you need to pay then you do. In her defense, she is out a family now and only has two weeks to find another sourse of income. i am a parent, too-and often families don't realize that being a daycare provider is our career and our way of living. if your boss decided to cut your pay and only gave you a two week notice it would be very hard on your family-would it not? I do understand where you are coming from, though. I dont see how she can ask for two weeks of vacation if she has only had you fo rthe summer. I have a family who is leaving for school, as well, but i wouldnt expect the family to pay me for a full year of vacation when they are only here for the summer. good luck. i hope i've helped a little.

I am a daycare provider also, and though I do not think it is appropriate for her to take a vacation on that little notice, technically she can unless she states otherwise.
On one hand, I would never do that unless it were for an illness or family emergency.

If she has a contract, I do however agree with her that if that week was part of your 2 week notice (being the first of the 2 weeks), you do owe it to her. Whether or not the county pays her or not for it, you still owe it by signing her contract. No contract- no money.

On one hand, We work very hard and I find it very disrespectful when my parents try to get out of paying me for vacation or late fees. We are the ones who care for your children, and should be appreciated. We don't get medical insurance or any other benefits that you have added to your salary at other jobs, so our vacations are it! What we charge is all we get, and we often spend a lot of money out of pocket on your children also.

On the other hand, it sounds like she is not a very good caregiver. I am sorry that she is abusing her position and SMOKING during the day!!!!! Good luck to you.

Can you start your kids at the new daycare any sooner? If so, I would pull your kids immediately and pay the woman whatever remains of the two weeks you needed to give for notice. Do you have a copy of the note you used to give notice. If so, I'd keep it. If the agreement was two weeks notice and you gave two weeks notice, then you have met your obligation. In reality, there isn't much she can do about you pulling your kids anyway. It would cost more to take you to conciliation court than she could even claim you owed her. Plus, from what you said, it sounds like she would lose because you gave the agreed-upon notice. It doesn't sound like there was any agreement that you pay her for vacation time.

I would not feel comfortable leaving my kids with someone I was having problems with, though I doubt that she would harm them in any way. Its just not a good situation.

Good luck - hopefully you'll be done with her soon!

B.

She sounds like a real piece of work. Check your contract and look to see what kind of notice she requires. If you gave sufficient notice via the contract, then you do not owe her anymore than the notice period. Judging by what you said, I would be afraid to leave my kids there too- she sounds like she is only in it for the money and sounds pretty greedy as well- not someone I'd want to leave my kids with. If you can afford to do it, pull them out now and just eat the loss- its better than leaving them with some bitter provider that is boarderline harassing you. I'd check into filing a complaint with the county as well- maybe just to give other families who may be considering taking their kids there a heads-up. Good luck- I know this is a tough situation.

Look over your contract with her. Does it state that she gets paid vacation? Does it state what kind of notice she will give for vacations? Pay attention to the wording...does it say something like "I will always give X weeks notice of days off"...or maybe "I will TRY to give X weeks notice of days off". If the time frame for her to give you notice is vague...but states that she does get paid vacation.....then you owe her if the county (and by that I assume you mean subsidized daycare)doesn't cover it. Now if her policies state parents will always be given a specific notice of days off, well then I would calmly "argue" the point.....negotiate the point....maybe get her to agree to half the payment or something since her notice time was not as stated in the contract.

As far as her billing to the end of the month...if today was the day you gave 2 weeks notice....then 2 weeks takes you to the last day of the month, right? I guess I don't understand the issue there??? Maybe I missed something?....Ok..hang on...I re-read it and it looks like LAST monday was the day you gave notice. Well as far as I know she CAN NOT bill the county for days she did not provide care. I would call your worker thru the daycare subsidy.....explain all of this to them....make sure they know the last day your children will be in care...ask about the 2 week notice time and how that works if you pull your children sooner...will the county still pay it or are you then responsible for it?

Many providers will defend their contracts in court....and often judges will uphold them. If it went that far and you got a judgment against you...even if for the 240$ of vacation pay and you decided not to pay it....you would not be able to apply for any kind of credit card or loan without that showing up and having to deal with it before such things going further as far as I know (My dh took a guy to small claims court and won for like $680 and the dud never paid him....like 2 years later out of the blue the dude called us...wanted to settle up. Apparently he had buit a new home and was getting the mortgage...but mortgage company wouldn't sign off until the judgement was paid..and dh made the guy go to the courthouse during business hours, wait in line, look up the old records, etc etc to inconvienience the dude).....definately talk to your worker person, look over the contract and determine any options you may have....But as a daycare provider myself, I hate to see another one not get what her contract states...BUT....I also am probly the only one around who does NOT have a 2 week notice period....mine is one day...I figure if someone is unhappy....on either side, me or them.....why prolong things...parents can leave, or I can boot them out (altho whatever was paid for that week is non-refundable and I get paid on Mondays for that week of work). Never had to use it that way, tho.

Good luck and do an update once things are resolved...I would like to know how it works out for you.

I have noticed this same kind of attitude from many home providers and I don't know what it is. I would suggest to pull the kids immediately, pay her for the time through your notice, you do not owe her for anything beyond that. She probably will not segregate your kids or anything but I feel what your saying and all day that would be on your mind. Good Luck

Did you have a contract that you both signed. She should have put termination policies in the contract. With my daycare before a child starts you have to give her a deposit for two weeks, which will go towards your last two weeks when you give written notice. If you want them out sooner you loose the deposit. I think if I were you I would contact the county about her and explain your situation.

Hi H.,
First, I'm so sorry you're dealing with this! Sounds fishy to me. First she tells you she's taking vacation and doesn't even give you a weeks notice?! Not okay. Then when you tell her you're leaving she tells you she needs written notice but is irritated she's going to lose vacation pay? I'm sorry but that's business. It's a bummer for her but not your fault. If you followed the rules for termination, I wouldn't be too concerned about that. Couple questions...
1. When does the new childcare start?
2. Can you pull your kids out now and pinch hit until the new childcare starts? If you can, I would.
3. Did you have a contract with her stating the rules for termination?

Best of luck to you. That's a tough situation to be in.
S.

Maybe she didn't follow her policies but that doesn't mean she shouldn't get paid for her time. I think if her vacation fell during the time period your kids were finishing up the two week notice you owe her for that.

With my old daycare lday I had to put in a three week written notice. At that time I yanked my daughter out and only had her in once a week. I owed her full pay for the full three weeks. Even she would have taken a vacation I would still owe her.