My concern is the same as the others. You don't know when and if this family will come back. They may come back but perhaps may decide to take additional time off from work so instead of waiting for 6 weeks for them to return you may find yourself waiting for 3 months etc., or they may just end up getting lucky and find free or low-cost childcare through a friend or family member or even through somewhere else. DCM may even decide to stay home permanently, you just don't ever know and whether they mean it or not when they say that they will come back their circumstances may change and they may change their minds later for one reason or another. I think you should prepare and do what is in your best interest.
DCM has already decided that she will be ending her current contract now and says she'll just reenter into a new contract later. I'd go ahead and let her do that but require her to give you appropriate notice in writing (not text or email) so if your contract says 2 weeks have her give you a 2 week notice. Then I'd allow them to make the choice of what they want to do and explain the circumstances. These seem like good options:
#1 She can end the contract now and use up her security deposit for her final child care tuition (if you require your clients to give you one) and have her sign a new contract now with her new start date in August. Require her to give you a new non-refundable 2 week deposit as well as a non-refundable holding fee of at least $100 a month/$25 a week (I personally charge per child). The holding fee will be for holding the spots only and will not be used as credit toward child care. Her spot is then guaranteed for both children when she returns in August as long as she starts on the date which she specifies on the new contract or earlier. If she decides not to come back by the new contract date she is still liable to pay the full fees or pay $25 a week more if she wants to extend her holding time. If she decides not to come back as all then she loses her deposit and of course the holding fees are yours to keep.
#2 She can end the contract now and use up her security deposit and she does not sign a new contract. Her spot is not guaranteed and you are free to attempt to fill any openings that you have. If August comes and you still have 2 openings then DCM signs a new contract, gives a two week deposit deposit for each child and starts care with you again. If you get interest in your last 2 openings (whether it's for one child or two) then you will contact DCM and give her "first option to refuse". If she decides not to sign a new contract and pay for it at that time then it will then be her choice to give up that 1 or 2 openings.
For either #1 or #2 I think that if this DCM pays a lower rate than other families or if you are in the practice of only raising your rates to new clients then in order for this DCM to keep her "savings" she cannot end the current contract. If she does then she will return at the rates that you charge to new clients.
I know that saying to this DCM that you will be advertising to fill her spot is scary but if it's as hard as you say it is to fill spots then where's the harm in trying? You can either let her know up front and attempt to fill your openings and if you don't then DCM comes back with 2 children and you are still in a good spot or you do get interest in your spots and DCM decides to sign up right away in order to not lose her spot or refuses and you fill her spots anyway. Either way she is ending her contract with you in order to not have to pay the maternity leave fee and so will then have no legal obligation to you to return, I think it would be a bad business move to not at least make the attempt to fill the spots.
If you have other openings besides the ones that DCM will need when she returns from her maternity leave then even better. For example, if DCB's contract is canceled and you then have 3 openings you can advertise that you have one opening available and interview for 1 spot. If you get multiple calls for the one spot you can still fill them one by one. If you fill one of your 3 openings you get that extra income coming in and DCM still gets to come back in August. If you fill 1 spot and have interest in 1 more spots you can call DCM and ask her if she wants the spot or not, if she says no then sign the new client and keep looking for someone to take the 3rd opening. Personally I think advertising that you have 2 openings is the better way to go because if you do fill 2 spots then DCM doesn't get to come back but financially you are still better off than before DCM left and will be at the same spot the you would have been in had DCM come back in August with her 2 kids. You can then advertise and say that you still have 1 spot available so it looks like you had 2 openings (when in fact you had 3 openings).
What I wouldn't do is wait around for DCM because you really don't know if their situation may change or not and them coming back is not guaranteed ... so why would you guarantee them not only 1 but 2 openings and risk them not coming back and not having either of the spots be filled in August KWIM?
DCM has already decided that she will be ending her current contract now and says she'll just reenter into a new contract later. I'd go ahead and let her do that but require her to give you appropriate notice in writing (not text or email) so if your contract says 2 weeks have her give you a 2 week notice. Then I'd allow them to make the choice of what they want to do and explain the circumstances. These seem like good options:
#1 She can end the contract now and use up her security deposit for her final child care tuition (if you require your clients to give you one) and have her sign a new contract now with her new start date in August. Require her to give you a new non-refundable 2 week deposit as well as a non-refundable holding fee of at least $100 a month/$25 a week (I personally charge per child). The holding fee will be for holding the spots only and will not be used as credit toward child care. Her spot is then guaranteed for both children when she returns in August as long as she starts on the date which she specifies on the new contract or earlier. If she decides not to come back by the new contract date she is still liable to pay the full fees or pay $25 a week more if she wants to extend her holding time. If she decides not to come back as all then she loses her deposit and of course the holding fees are yours to keep.
#2 She can end the contract now and use up her security deposit and she does not sign a new contract. Her spot is not guaranteed and you are free to attempt to fill any openings that you have. If August comes and you still have 2 openings then DCM signs a new contract, gives a two week deposit deposit for each child and starts care with you again. If you get interest in your last 2 openings (whether it's for one child or two) then you will contact DCM and give her "first option to refuse". If she decides not to sign a new contract and pay for it at that time then it will then be her choice to give up that 1 or 2 openings.
For either #1 or #2 I think that if this DCM pays a lower rate than other families or if you are in the practice of only raising your rates to new clients then in order for this DCM to keep her "savings" she cannot end the current contract. If she does then she will return at the rates that you charge to new clients.
I know that saying to this DCM that you will be advertising to fill her spot is scary but if it's as hard as you say it is to fill spots then where's the harm in trying? You can either let her know up front and attempt to fill your openings and if you don't then DCM comes back with 2 children and you are still in a good spot or you do get interest in your spots and DCM decides to sign up right away in order to not lose her spot or refuses and you fill her spots anyway. Either way she is ending her contract with you in order to not have to pay the maternity leave fee and so will then have no legal obligation to you to return, I think it would be a bad business move to not at least make the attempt to fill the spots.
If you have other openings besides the ones that DCM will need when she returns from her maternity leave then even better. For example, if DCB's contract is canceled and you then have 3 openings you can advertise that you have one opening available and interview for 1 spot. If you get multiple calls for the one spot you can still fill them one by one. If you fill one of your 3 openings you get that extra income coming in and DCM still gets to come back in August. If you fill 1 spot and have interest in 1 more spots you can call DCM and ask her if she wants the spot or not, if she says no then sign the new client and keep looking for someone to take the 3rd opening. Personally I think advertising that you have 2 openings is the better way to go because if you do fill 2 spots then DCM doesn't get to come back but financially you are still better off than before DCM left and will be at the same spot the you would have been in had DCM come back in August with her 2 kids. You can then advertise and say that you still have 1 spot available so it looks like you had 2 openings (when in fact you had 3 openings).
What I wouldn't do is wait around for DCM because you really don't know if their situation may change or not and them coming back is not guaranteed ... so why would you guarantee them not only 1 but 2 openings and risk them not coming back and not having either of the spots be filled in August KWIM?
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