Serious Reservations With My Provider's Contract

[itlw8]

First problem. How is it anywhere fair that the parent must give a 2 week notice, but the daycare can cancel at anytime for any reason on a whim, and not refund the deposit?

2nd, and bigger issue: How can it possibly be legal for her to state she can remain open if she's sick, or HER KIDS are sick, and it's up to the parent to decide if to send the child. If the child stays home, then it doesn't count against HER sick days.

Doesn't this contradict the STRICT sickness guidelines for my child that she justifies by saying its to protect the children she watches?

Our child gets a runny diaper, and we have to pick him up. Her kid could be home with strep throat and it's perfectly fine to send our children into a sick household?

It is pretty standard.

Why can she terminate without notice ? well if a parent does not pay their bill should she provide 2 more weeks of free childcare. If a parent does something to put all the children at risk do you want them around your child for 2 weeks. What if their child causes severe injuries to your child should she keep the child for 2 more weeks ?

The strick illness policy is usually a state regulation most of us just quote what the state says and do not add more. The regulation does not apply to the family. normally the sick child can be isolated in their bedroom as much as possible.

[daycarediva]

That's what my biggest problem is. If the daycare provider is sick, or her own children are home with a contagious disease, don't make the parents CHOOSE if to send their kids. Of course they won't.

I think the contract is pretty standard. I have a clause in my termination policy that allows me to terminate immediately (with a refund) for specified behavior by parent or child.

If my kids are sick, and I decide to stay open, I have someone come watch them, separate them from the group as much as possible, etc. I have four children, if I were to close everytime one was ill, it would be a significant hardship on my families. I do notify parents that X has X symptoms and then allow them to make that decision to send or not send in their child. I have one parent who DOES keep her child home when this happens. She works from home, so it isn't a giant inconvenience to her and her ds has asthma so she would rather he not be around anyone ill.

That being said, the MAIN reason (in my opinion) for excluding for your child's illnesses is because it is impossible to provide a sick child the level of care they need and keep 6+ other kids on their regular schedule. It really isn't fair to your child to have to keep up when all they REALLY need is home Mom or Dad and rest. Honestly, they most likely already 'contaminated' the daycare space with their germs prior to symptoms starting. For me, it is more of a comfort measure for the child, and the hardship it would cause me/other kids to keep a sick child. I do know some providers who take sick children, but it goes both ways. As you said, you don't want your child exposed to who knows what, and other parents don't want their children exposed to whatever your child may have.

The paid time off is also standard. I take 5 sick and 5 vacation days paid and allot for 5 (unpaid) days for training or emergencies. If I don't use all of my sick time (I never have, I had to close once this past year) then I tack the days on to a vacation with notice to parents per contract.

[sharlan]

It's really quite simple, if you are uncomfortable with the contract, do not sign it. Look for another provider who's contract you are comfortable.

As you can see, she has a pretty standard contract.

[youretooloud]

Why can she terminate without notice ? well if a parent does not pay their bill should she provide 2 more weeks of free childcare. If a parent does something to put all the children at risk do you want them around your child for 2 weeks. What if their child causes severe injuries to your child should she keep the child for 2 more weeks ?

No provider is just going to terminate the contract immediately without a really good reason. I have one man who is THISCLOSE to being kicked out ASAP. I keep warning him, but he's not listening.

If I had a child who was a danger to himself or anybody else, I'd have to terminate on the spot. What if Sweet wonderful Riley was biting little Karen all day long? What if in one day, I had to send little Karen home with four bite marks on her body? Wouldn't Karen's parents want Riley to leave daycare? I could possibly lose more income by keeping Riley than I would by letting him go.

I had one Daycare Mom (she was also a neighbor) openly threaten another Daycare mom (a teacher at the school). She made the threat in front of myself and another mom/teacher, plus my own mom was there. So, I termed her on the spot. Her son was removed on the spot from that teacher's class. So, this poor kid lost his daycare, and his teacher in one afternoon of his mom's bad judgement. I did not refund a penny to this mom/neighbor. She made my life there a living HE** for another six months before they decided to move.

[inshakhan]

Regarding the termination portion - a two-week notice is standard, and not getting a refund without a 2-week notice is standard. However, I don't think it's right that the provider is reserving the right to terminate without any notice AND without refunding. She needs to specify that she would terminate without any notice only in certain situations, such as abuse of her rules by the parent or child (and then it's usually not really without notice because the parent has usually been warned at least once that there is a problem and that it's a problem that will result in termination if not resolved). When a provider does have to terminate without notice due to abuse of her policies or whatever, her policy may or may not provide for a refund. Personally, I do refund unused childcare if I terminate - I just feel it's the fair thing to do. If the parent terminates without notice, I do not refund.

Regarding the paid time off - she has provided quite a bit of time off for herself, but it's not unheard of. I know of a lot of experienced providers who have this much time off in their contracts. I only have 6 holidays and 1 week vacation myself

Regarding the illness policy - I know exactly where she's coming from. I had to put this in my contract as well because I had a misunderstanding with a couple of parents when my daughter had the flu. They wanted to keep their child home but they didn't want to pay. In my opinion, since I was able to keep my daughter isolated, I felt it was their choice to keep their child home so I did not feel I owed them a rate discount. So - that's the dilemma. It's not that I feel my children don't have to follow the same illness guidelines as the daycare children. I do, in fact - they must be isolated - which is "not attending daycare".

But when it comes to MYSELF being ill, that's a different story. I can't remember ever having anything myself that I had to close for. As another poster said, I'm an adult, so most things I could be ill with, I can simply practice proper hygiene to prevent spreading it - washing hands, covering my coughs & sneezes, etc. But if I DID have something that could not be prevented spreading, though, I would not stay open - that would not be ethical. I know we're concerned with being dependable for our working parents, but the children's health is more important than that.

[familyschoolcare]

Both of those things are standard atleast in concept. The first on I word a little differently my contract says that parents must provide a two week notice and that I have the right to terminate care with out notice if I feel that it is for the safety of one or more people in the daycare myself, my family and /or your child. Please see handbook for an incomplete list of example so. The second on needs to be more clearly defined as others have said.

[Unregistered]

Never assume anything...

That's what my biggest problem is. If the daycare provider is sick, or her own children are home with a contagious disease, don't make the parents CHOOSE if to send their kids. Of course they won't.

You never know, maybe their child has the same thing or the parent cannot afford any more absent days- she is just giving them the option- it may not work for you but some parents may still do this because they have no other options. Why argue if she is willing to stay open so you don't have to miss work? She is not saying that you have to bring your kid. Only a few years ago (before the vaxine) parents would take their kids to daycare to get chickenpox if one child had it so that they cannot get it when they are older where there would be more complications (though people can get it twice and it makes you suseptable to shingles later).

I would ask her more of what are her policies are for when her child is sick- such as is s/he in their own room with no other children allowed and it is cleaned before the children can play their again? or how does she try to make sure that she doesn't infect other children if she just has a cold? does she wear a sergical mask and wash her hands more frequently or avoid close contact with children during illness? If it is a minor respritory or air-borne illness like a cold she can most likely reduce spread by wearing a sergical/painter mask and washing hands, but if it something like hand-foot-mouth, pink eye, or pneumonia then Yea I say don't take your kid to her that day.

[daycaremom76]

First problem. How is it anywhere fair that the parent must give a 2 week notice, but the daycare can cancel at anytime for any reason on a whim, and not refund the deposit?

2nd, and bigger issue: How can it possibly be legal for her to state she can remain open if she's sick, or HER KIDS are sick, and it's up to the parent to decide if to send the child. If the child stays home, then it doesn't count against HER sick days.

Doesn't this contradict the STRICT sickness guidelines for my child that she justifies by saying its to protect the children she watches?

Our child gets a runny diaper, and we have to pick him up. Her kid could be home with strep throat and it's perfectly fine to send our children into a sick household?

LOL all of the above stood out strange to me as well and I completely agree with all your concerns. However like everyone else has said, if you don't agree to the contract then you should find another provider (which I would) I know here in MD there isn't a law that outlines what I put in my contracts. However I like to keep my kids, and I try not to give my parents a hard time so my contract is pretty even for both of us.

[Scout]

First problem. How is it anywhere fair that the parent must give a 2 week notice, but the daycare can cancel at anytime for any reason on a whim, and not refund the deposit?

2nd, and bigger issue: How can it possibly be legal for her to state she can remain open if she's sick, or HER KIDS are sick, and it's up to the parent to decide if to send the child. If the child stays home, then it doesn't count against HER sick days.

Doesn't this contradict the STRICT sickness guidelines for my child that she justifies by saying its to protect the children she watches?

Our child gets a runny diaper, and we have to pick him up. Her kid could be home with strep throat and it's perfectly fine to send our children into a sick household?

But, that is just it. Your child is being cared for in her home! Her sick child will be at home. You make the choice to bring your child to a home provider vs. a center. If you were at a center you wouldn't have to worry about her sick child not being there. Kids get sick. Sometimes there is nothing we can do to prevent it. And as far as I know most contagious illnesses are contagious before symptoms even appear. So, by the time your child goes to her home with her sick child, chances are your child has already been exposed. Good luck with your decision.

[littlemissmuffet]

I have all the same policies in my handbook/contracts and they are all made very clear during the interview. If a parent showed concern and didn't feel comfortable I wouldn't allow them to sign on, knowing there would be issues down the road... I think you should look for a different providers who's policies you ARE comfortable with - but be warned, her policies are standard.

[MarinaVanessa]

The policies are pretty standard. In reality the childcare provider can make up her policies as she wishes and parents choose to sign up or not. My contract pretty much says the same thing (just worded differently).

I'm only going to comment about the illness policy since that seems to be the OP's main concern. My contract is the same way as in the quoted contract (different wording). If I am sick and still able to physically work I will notify my clients and then it is up to them to decide whether or not they want to bring their kids. If I close, they don't pay ... If they choose not to bring their child and I am open then they pay. If one of my own kids is sick, the same applies however my sick kids are taken care of by my husband or other family and they don't come in contact with the DC kids. I think the difference between me being sick and another child being sick is that I can use propper hand washing procedures and I know to minimize the chance of infection ... children have not yet mastered this skill. And if however one or more of the DC kids still get sick because of me and they show symptoms for exclusion then must stay home the symptoms subside... my clients are all aware of this and they all agreed to this, I have never had any problems.

It may not seem fair but in my situation the reality was that not one of my clients has ever complained about the way I do this ... they've actually thanked me. Less days that I close means less days that they have to stay home from work. I can't remember a day when I stayed open when I was sick and a parent chose to keep their child home ... they have all brought their child to daycare anyway and not once has any of the children gotten sick because of me (but I was extra cautious).

I don't know about other states but in CA I have only heard of recommended symptoms for exclusion for children but not for the provider. So in essence since the childcare provider isn't mentioned in regs then a provider isn't doing anything against regs if she works and stays open while being sick.

[cheerfuldom]

I think her contract is very standard and the policies are similar to my own. Do you know if she is a licensed daycare? If she is, you can double check to make sure if her policies match with state guidelines although I would imagine that they do. If she is unlicensed, she is not required to follow state guidelines and is free to do any policy she wants. Anyway, I understand your frustration but everything you are seeing is quite common for home daycares, some of it is common for centers too.

[e.j.]

As a parent bringing my child to day care, I had the same concerns then that you do now. Funny, once I became a child care provider I gained a whole new perspective and respect for the women who cared for my son and their policies!

Termination: I don't think you're being "taken" on this but I do think if she expects you to give a 2 week notice, she should extend the same courtesy to you. Chances are, she's thinking from a provider's perspective and not a parent's. She's probably only trying to protect herself and her business in the event that a parent fails to pay tuition, a child has severe behavorial issues, a parent or child damages property, threatens her, etc. She may have no intention of terming without notice but you should be protected, too. According to her contract, she could drop you without notice for a client who is willing to pay more or for a relative who needs care, etc. Just as she needs enough notice to fill an opening, you need enough notice to find alternative child care. She may not have thought about it from your perspective as a parent. Have you discussed this with her? Would she be willing to agree to giving a 2 week notice? If this policy is a deal breaker for you and she wants your business, she may be willing to agree to a 2 week notice. Never hurts to ask.

Time Off: My guess is most providers take paid holidays. How many is up to them. The number of holidays she takes doesn't seem unreasonable given that she is taking only major holidays that many (most?) people get paid time off for. Her vacation/sick time also seems standard. I don't take either paid but many providers do so it doesn't seem to me as though you're being "taken" on this policy either. If you know you'll resent paying for this time off, however, you may want to just keep looking and try to find someone who doesn't charge for time off.

Health Guidelines: You may want to ask her to clarify her Health Guidelines policy. Ask where she draws the line between "sick and open" and "too sick to open". Personally, I would close if I had something like Strep, stomach bug, flu or high fever but would stay open during minor illnesses as long as I could function well enough to properly care for the kids. For the most part, if I'm sick, I caught it from the kids in my care so the parents aren't usually too concerned about their kids catching anything from me.

When my kids were young, I used to call parents to let them know when they were sick. Most parents were more concerned about missing a day of work than the possibility of their child coming down with the illness. They just figured the kids had probably already been exposed and they'd take their chances. After awhile, I developed a policy similar to your dc provider's policy where I would call to warn them and allow them to make the decision to come or stay home. I can't remember a time when a parent chose to stay home.

It's not fun to care for 1 kid when you're sick, nevermind a house full of them. My guess is, this provider is not trying to pull one over on you. She's trying to be as reliable as possible for her dc parents and she's trying to protect her income in order to remain in business so she can be there for the families who rely on her every day so they can bring in an income, too. Good luck with your decision.

[Unregistered]

That's what my biggest problem is. If the daycare provider is sick, or her own children are home with a contagious disease, don't make the parents CHOOSE if to send their kids. Of course they won't.

Personally, I don't charge for a day if myself or kids are sick. But, you're off when you say of course parents won't send their kids. More than once I have had parents bring their child when I email saying my child has a fever. Some parents don't care if they are bringing their child into a sick home.

[SunshineMama]

I see nothing wrong with your provider's contract. it is very similar to my own, in fact.

1. Parents must provide 2 weeks notice for termination. That is to protect my income. I can't have people just quit whenever if they find someone cheaper than me, etc. But I can terminate immediately. I reserve that right. If your child comes to my home and punches my child in the face, purposely destroys my property, you don't pay on time, you are always late or rude, you bring the bubonic plague into my home... I want the ability to terminate you on the spot. Will I do it? Probably not without warning. I never have terminated anyone without a 2 weeks notice, but I want to be contractually protected in the even that something awful happens and i have to.

2. Time off: I take all federal holidays paid, and two weeks of unpaid. I need a source of income too, while having a mental health break now and then. I don't take paid sick time (yet- I am adding 2 days to my contract, because I had to close UNPAID because some disrespectful parents brought their sick contageous kid to my house, getting me sick).

3. Because I take unpaid sick days, I dont close every time my kid is sick. I leave it up to the parents. I cannot afford to close my business unpaid every time my own child is sick. I will let you know, as a courtesy to you, the symptoms of my child. - You would be very surprised how many parents still eagerly bring their children. However, I am able to separate my own kids from your kids in my house, and keep my kids away, reducing the chance of illness to your child. There are things I can do with my own kids that I can't do with yours, so I leave the choice to you. Now, if my own child was ill with something extremely dangerous I would close- and then I am sure some would have a problem with that too. You cant please everyone.

I dont think the contract sounds outlandish at all. It sounds honest. Most contracts are written to protect the provider because of experiences that we have had that force us to constantly modify them. my contract has grown a page each year because some parent cant have the common decency to show common respect. And, like the others said, the bottom line is, if you don't like it, then choose another provider. But I would caution you against using someone who doesn't have a solid contract and policies in place.