FMLA Policy is Not For Vacations

[Alwaysgreener]

DCM told me that her kids would not be here on Thursday throughout the summer. (3 year old will be gone every Thursday plus a whole week, Infant will be gone all but two Thursdays and will attend the whole week that his brother will be gone)

When she was on Maternity leave, I thought she was asking about my FMLA policy and I explained it to her but she said that she was just asking about spring break week that the older child would attend during her maternity leave just not the week of spring break.

This morning she says she wrote the check for the full amount because she was unsure about them not coming on most Thursdays. I commented that she still pays even if they do not attend and she commented about FMLA. I explained that it was with a two-week notice not right away and that I could adjust going forward.

UGH!!!!

I am kicking myself for agreeing with her because my FMLA policy DOES NOT include vacation only for times that FMLA would be applied in a work setting.

What should I do moving forward?

[e.j.]

"When she was on Maternity leave, I thought she was asking about my FMLA policy and I explained it to her but she said that she was just asking about spring break week that the older child would attend during her maternity leave just not the week of spring break."

Based on what you've written, it sounds to me as though she was on maternity leave but is no longer on leave? It also sounds as though you thought she was asking about your FMLA policy but she was really just asking if she had to pay you for the week her 3 year old is on vacation and for the Thursdays the kids wouldn't be at daycare? If I've understood that correctly, I'd say something like:

"After giving the situation some thought, I realize there's been a miscommunication about my payment policy and I want to clarify it with you. I thought you were asking me about my FMLA policy which applies only when you are on maternity leave from work. Once you return to work and your child resumes his regular daycare schedule, my FMLA policy no longer applies. As stated in my parent handbook, I charge for the spot, not for attendance. As usual, if your child is absent for any reason - illness, vacation, etc. - I'll need to be paid the full tuition amount we agreed upon when you enrolled the kids with me."

If I had already agreed to take the lesser amount and didn't want to start an argument, I'd probably say something like what I wrote above but add, "Since I've agreed not to charge you for the week DCB3 will be out on vacation, I won't go back on that decision but I did want to go over my payment policy with you so there isn't any confusion going forward."

Hopefully I've understood the situation and my reply makes sense??

[Alwaysgreener]

"When she was on Maternity leave, I thought she was asking about my FMLA policy and I explained it to her but she said that she was just asking about spring break week that the older child would attend during her maternity leave just not the week of spring break."

Based on what you've written, it sounds to me as though she was on maternity leave but is no longer on leave? It also sounds as though you thought she was asking about your FMLA policy but she was really just asking if she had to pay you for the week her 3 year old is on vacation and for the Thursdays the kids wouldn't be at daycare? If I've understood that correctly, I'd say something like:

"After giving the situation some thought, I realize there's been a miscommunication about my payment policy and I want to clarify it with you. I thought you were asking me about my FMLA policy which applies only when you are on maternity leave from work. Once you return to work and your child resumes his regular daycare schedule, my FMLA policy no longer applies. As stated in my parent handbook, I charge for the spot, not for attendance. As usual, if your child is absent for any reason - illness, vacation, etc. - I'll need to be paid the full tuition amount we agreed upon when you enrolled the kids with me."

If I had already agreed to take the lesser amount and didn't want to start an argument, I'd probably say something like what I wrote above but add, "Since I've agreed not to charge you for the week DCB3 will be out on vacation, I won't go back on that decision but I did want to go over my payment policy with you so there isn't any confusion going forward."

Hopefully I've understood the situation and my reply makes sense??

Yes thank you for your reply.

She was on ML in March and April. Both boys have been attending for the past month. When she tried to get out of paying for spring break, I explained to her about the FMLA policy, and I thought she understood.

Last week she asked what was the best way to let me know when the boys would not be coming. I said text. She sent a list of Thursdays (plus a whole week for DCB and not the baby) So I just found out about the Thursdays. I was caught off guard this morning when she said something. Never mentioned not having to pay.

I was not sure what to do and DCD picked up, so I printed a copy of my FMLA policy and gave it to DCD. I said, Either I am confused about what DCM was asking or DCM is misunderstanding this policy. I also pointed out that the baby would not be gone every Thursday. She did not call or text like she did last time.




BG: I do not remember why but just before the baby was born, dcm said dcb would not be here on X-day. Then she shorted me for that day. (It was also around the time that I had DS was sick and I was closed, so I credit them for that) I talked to DCD and let him know that the check was short. He talked to dcm and she called me, the conversation got confusing and she was going in to be induced in the morning. I tried to explain a couple of times but she was still confused about the timeline, so I gave up and gifted it to them (I wrote gifted on the invoice and credited them the day $40)

The next week dcd brought me a check for $40, I corrected him and had him rewrite for a full week.

They also at that point started to bring the check on Thursday when it was due instead of the Monday before, when I commented that he did not have to come out on Monday, that he could have mailed it. (Still, pay on time just not early)

After the baby was born DCB missed the rest of the week and then spring break and I charged for all of those days.

[Alwaysgreener]

e.j. Your right I do not want to drag the other provider into this. But on the other hand glad that I asked because mystery solved now that I know.
What I am struggling with is how to say it with out mentioning the other provider. I am going to take what you said and email it. I want to get it resolved this weekend if I can. Plus dcm messaged today that baby has COVID so she's going to be expecting a discount while the baby is out next week. Ugh

[Alwaysgreener]

Just to clarify, they pay on time.
Payments are due on Thursday morning beforehand so that everything clears over the weekend.
They were originally bringing the check on Monday for the next week but now they bring it Thursday for the next week.

[e.j.]

"What I am struggling with is how to say it with out mentioning the other provider. I am going to take what you said and email it. I want to get it resolved this weekend if I can. Plus dcm messaged today that baby has COVID so she's going to be expecting a discount while the baby is out next week. Ugh"

Oh, geez! Covid! Not fun! It could work in your favor, though, if you haven't already sent an email to dcm. "Since baby will be out sick next week, I thought this would be a good time to clarify my illness policy...." Then just remind her of what your policy is regarding payment. You don't have to involve the other provider at all. ;-)

Gotcha on the timing of the payments. I misunderstood what you were saying and thought they were not only shorting your payment but paying late. I'm glad you're not dealing with that, too!

[girlmomma]

Is there something on Thursdays (chemo, physical therapy, etc) that’s she’s off for and she’s taking FMLA from her employer? Maybe that’s the confusion on her end?

I know corporations will give FMLA to employees to use as needed. Like once, a coworker had severe back pain. The doctor gave him a note and I remember he used FMLA leisurely up on days he couldn’t come into the office until his surgery, which is when his short term disability kicked it.

[Alwaysgreener]

No the kids are going to Grandma's, based on the old provider policy, I think it is something that they plan and do every year to save money. (This was not mentioned during enrollment)

But your right my dh had FMLA to use as needed when we had foster kids.

[girlmomma]

I would definitely clarify this won’t happen moving forward and let her know she can’t use FMLA as vacation time. It is strictly for maternity leave, medical conditions, lay off, etc.