Serious Reservations With My Provider's Contract

[MikeB]

Hello, I found your site while searching for any laws/code related to in-home daycare for the State of Iowa. I have some serious reservations with my daycare’s contract, and am seeking information to verify if this is standard practice, or if I’m being “taken.” Any advice or help is greatly appreciated.

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Termination
If the Parent/Guardian wishes to terminate care, the Parent/Guardian must provide
the Provider with a written two-week notice of same. If the Provider wishes to
terminate care, the Provider is not obligated to provide the Parent/Guardian with a
written two-week notice of same. If care is terminated by the Parent/Guardian
without the required two-week notice, the Parent/Guardian is not entitled to a refund
of any monies it is forfeited. If the Provider terminates care, at any time and for any
reason, the Parent/Guardian is not entitled to a refund of any monies it is forfeited.

Time Off
Just like any other job I will have time
off for holidays such as Christmas Eve, Christmas day, News Years Day, Fourth of July,
Thanksgiving and day after, Memorial Day, and Labor Day. Two week for vacation. One
week for sick and anything above and beyond will be unpaid

Health Guidelines.
(My biggest problem is this part.)
If for some reason my children or myself are ill I will contact you and you will
make the decision of either bringing your child or not. This is not time taken from me if
you choose not to come.
When they are in my care if there is a fever of 100.00 or higher the child must be
picked up due to health reasons and must be without a fever for 24 hours before
returning. If the child has had two runny diapers there will be a phone call after the third
the child will have to be picked up to prevent the spread of illness. You must wait 24
hours before returning. If the child is vomiting, wheezing, constant crying, body rash,
or anything that is abnormal for the child the parent will be called and the child will need
to be picked up. If the child is on antibiotic, it must be in original container with
written instructions on it and a release form should be signed at that time or it will
not be administered. Please if for some reason the child has something that is
contagious please let me know so that I can inform the other parents.

[daycare]

Fair or not, did you sign the contract???..


most of what I read, is quite normal, however, I do think that the DCP should have defined this part:

If for some reason my children or myself are ill I will contact you and you will
make the decision of either bringing your child or not. This is not time taken from me if
you choose not to come.

If the children are contagious or the provider, then she should be closing or should be finding alternate care for her children. I would never ask a parent to still bring their children to care if my child or I myself was contagious.

[LaLa1923]

Why do you have a problem with that section? I'm just asking what specific part....

Some providers do not charge (if they close) if they have to close due to their illness or illness of someone living in the house.

Some will inform parents that someone is sick and it is up to you, if you want to keep your child home.

It sounds like your provider is charging you for a "slot". You pay the same rate every week no matter what.---------this is my policy

[daycare123]

sounds normal to me

[Heidi]

It really depends on your provider. I get the holidays she list plus 3 paid days off per year to use for sick days, appointments that take a whole day, trainings, or just a day off. After that, parents do not pay me for those days.

If the chld is sick, I do ask that they stay home (can you imagine handling 7 healthy children and 1 sick, whiney 1?). Nevermind it lessens the likelihood of getting everyone else-including the provider-sick.

Because I cannot fill "the spot" on short notice, I do expect the parents to pay. Basically, my parents pay for a "slot". I have 8 openings (or fewer, if some are under 2), and each family buys one of those spots.

If you did sign a contract, you'll need to honor that. If you are unhappy with it, you can shop around. Take into account everything you are getting from your provider that is good, and also that change will be hard on your child. If you don't feel that your current provider is worth that, and you can get a better deal, then you have the right to go to someone else.

In my mind, she is not being unreasonable, unless she takes a lot of sick days that you are going to pay for.

[MikeB]

Make the parents decide?

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?

[Lawson2]

My son goes to daycare part time in Massachusetts and the contract we signed is very similar. We pay for 3 weeks vacation, 5 sick days (she has never used them), and we pay for the days she takes off for state required classes. We also pay for anytime we take off.
The illness policy is the same. Our provider has called a couple of times in the past 3 years to pick up our son if he was feeling off. We never send him if he is ill with the flu, fever, etc...
I think it is a pretty standard contract...

[MikeB]

Sickness policy

Fair or not, did you sign the contract???..


most of what I read, is quite normal, however, I do think that the DCP should have defined this part:

If for some reason my children or myself are ill I will contact you and you will
make the decision of either bringing your child or not. This is not time taken from me if
you choose not to come.

If the children are contagious or the provider, then she should be closing or should be finding alternate care for her children. I would never ask a parent to still bring their children to care if my child or I myself was contagious.

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.

[wdmmom]

Sounds pretty standard to me.

[Unregistered]

Be closed if the DCP is sick.

My problem is making the parents decide if to send their children into a household that is sick either by the daycare provider or one of her own kids. If you or your own children are home ill, shouldn't you just be closed?

[daycare]

My problem is making the parents decide if to send their children into a household that is sick either by the daycare provider or one of her own kids. If you or your own children are home ill, shouldn't you just be closed?

well here is the thing. Each provider can decide what she/he wants to adopt as a rule for their business.

As Heidi stated, if the DCPs rules are not working for you, then you should consider looking into other care for your child.

For me, I would not ask someone to bring their children to me if I were contagious or my children were. I think it is along the lines of mutual respect. I won't ask you to do anything that I won't do myself. I would never tell a parent don't bring me your ill child, but I want you to bring your healthy child to my ill one.....KWIM?

However, it is up to each DCP to decide what she wants to do. If you signed it, then you are entitled to follow the rules.

It sounds like to me that you might want to consider looking for another provider who's policies suit what you are looking for.

I really do not see anything out of the ordinary that this provider has written that is good nor bad....

[Heidi]

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 would agree to that. I'm pretty sure I used the same criteria to close when my kids were little that I imposed on the parents (and they did not have to pay beyond the 3 days per year).

Now that my children are schoolage (the youngest is 12), I would do what your provider does. Only because at their age, they can spend the day in their room or mine away from dc kids, so I'd worry less about them spreading it or needing extra care.

[MNMum]

My problem is making the parents decide if to send their children into a household that is sick either by the daycare provider or one of her own kids. If you or your own children are home ill, shouldn't you just be closed?

Here's the thing. When trying to decide whether or not to close the daycare is a big decision, as it affects up to 10 families. I don't close when I have a child home sick from school who can stay separate from the dck. I also don't close unless I am really sick. Parents miss enough time staying home from their own children being sick, its hard to tell them they have to stay home because my children are sick.

Many parents would still chance it and send their kids...not everyone is as responsible as you are.

[AnneCordelia]

It sounds pretty standard to me.

I can work through a cold, and given that I am an adult and know to wash my hands after blowing my nose, most of my families choose to attend if I have one. Obviously if I have the flu or diarrhea I will close, and use one of my sick days.

When my own children are sick I stay open. My children stay out of my daycare space and have no contact with the daycare children.

Vacation policy is pretty standard.

Termination policy is also standard. I offer two week's notice as a courtesy to good clients. Otherwise my policy is thus: "Any abuse or violation of the rules/policies of this contract/handbook may be just cause for immediate termination. The provider reserves the right to terminate care immediately in situations where continuing care could be detrimental to other children, the business, or the provider and her family. In the event of immediate termination all fees paid are forfeit." Pretty much means I can terminate immediately for just about any reason, and it protects myself, my own family, and the other daycare children I care for.

[youretooloud]

I think it all sounds normal too. I never, ever, ever close for illness. I can be too sick to make lunch for the kids, but I don't close. There is no way we can close for every illness we or our kids have. It wouldn't be fair to the parents. Most of the time, I don't even call the parents to tell them. If I know i'm contagious, and I know I didn't catch it from the kids, I MIGHT close. But, I doubt it.

Yet, I don't want someone else's child in my home when that child is sick. (I take them with normal illnesses, but miserable, vomiting, or diarrhea, nope)

We love these daycare kids...really we do. But we aren't going to spend a full day rocking a sick miserable child. It's not even really possible to rock our own sick child during daycare...so, if your child is sick, you are expected to keep them home and do all those mommy/daddy things for them. We honestly just can't do it.

Yet, we are willing to work when we are sick so you don't have to take time off. So, I think having "a problem" with it is at the very least overreacting. It's not like we are out to make your life harder...we make our own lives harder to make yours easier.

Do you know when we go to the doctor for ourselves? Almost never. We can't take an hour off work, or go on a long lunch hour to go to the doctor. Our kids miss well checks, our kids miss routine dental appointments...but, the daycare parents don't notice that. Not that mine don't appreciate everything. (I have awesome parents) But, they don't notice, because it's not their problem.

The next time you take some extra time to get your teeth cleaned, imagine how hard it is to find a dentist that works after hours so your provider can always be working for her clients.

The next time you set up a well child visit for your kids, imagine when we find time to do that for our own kids.