Spots Opening Right Before Paid Vacation, Does Your Contract Protect You?

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  • MCC
    Daycare.com Member
    • Mar 2013
    • 501

    Spots Opening Right Before Paid Vacation, Does Your Contract Protect You?

    Good morning!

    I have 3 spots opening up Aug 16, I have a week planned paid vacation, Aug 18 which I notified parents of in the middle of May. 3 of the spots are kids leaving for preschool, but the families had previously told me that they would be pulling them Sept 1. Last week both parents (one is a sib set) told me that they will have their last day be Aug 15, "since I'll be on vacation the next week" so they are just starting them at the preschool (basically a full time center) that week instead.

    I'm am so hurt by this, as it seems really unfair, how would they like it if their boss came in 6 weeks before their vacation and said they are no longer going to get a paycheck for their vacation week??! I've had the sib set here for a year and a half, and last year I didn't have paid vacations.

    I was thinking about ways I could have my contract protect me from this. In the future. Something like If you leave within a month of a scheduled vacation, you have to still pay for that week? Is this something that any of you have wrapped into your contract? How is it worded?
  • Blackcat31
    • Oct 2010
    • 36124

    #2
    My contract says parents need to give me a date of last day WHEN they submit their written notice of withdrawal.

    That way the date they will last attend in in writing and they owe until that day...even if they decide to end early.

    In MY personal opinion, I would not include the clause that parents pay for my vacation if they leave a month prior. I don't think it's fair or professional.

    If it works for you and is something most daycares do in your area, go for it. Every area works differently. It just isn't something I would personally do.

    Comment

    • MCC
      Daycare.com Member
      • Mar 2013
      • 501

      #3
      Originally posted by Blackcat31
      My contract says parents need to give me a date of last day WHEN they submit their written notice of withdrawal.

      That way the date they will last attend in in writing and they owe until that day...even if they decide to end early.

      In MY personal opinion, I would not include the clause that parents pay for my vacation if they leave a month prior. I don't think it's fair or professional.

      If it works for you and is something most daycares do in your area, go for it. Every area works differently. It just isn't something I would personally do.
      Thanks for the feedback.

      This situation is a total bummer.

      Comment

      • Blackcat31
        • Oct 2010
        • 36124

        #4
        Originally posted by MCC
        Thanks for the feedback.

        This situation is a total bummer.
        It is a bummer but really there isn't much you can do.

        Did the parents verbally tell you their leave date or did they put it in writing?

        I've heard of some daycares that make parents pay for the entire years worth of closed days and vacation days if they leave but I am not sure how that works or how they convince parents it's the norm.

        Maybe someone on the forum does this and can chime in and give you some ideas about how to work this.

        Comment

        • Leigh
          Daycare.com Member
          • Apr 2013
          • 3814

          #5
          Originally posted by Blackcat31
          My contract says parents need to give me a date of last day WHEN they submit their written notice of withdrawal.

          That way the date they will last attend in in writing and they owe until that day...even if they decide to end early.

          In MY personal opinion, I would not include the clause that parents pay for my vacation if they leave a month prior. I don't think it's fair or professional.

          If it works for you and is something most daycares do in your area, go for it. Every area works differently. It just isn't something I would personally do.

          I agree. The only way I would say it was OK is if you clearly explained to parents in your contract that your vacation is accrued, and payable upon termination for any days not used. With this system, you could owe parents who leave before you have "earned" all of your vacation, too.

          Comment

          • nannyde
            All powerful, all knowing daycare whisperer
            • Mar 2010
            • 7320

            #6
            I accrue paid time off in each slot. When a child leaves the parent is responsible for paying their child's slot pto.

            I take 18 days paid off.

            I take 10 days vacation, 8 paid holidays.

            I accrue pto at 1.5 days per month. 1.5 x 12 months equals 18 days.

            So if it is June and the kid leaves I would have earned six times 1.5 which is 9 days.

            I would have taken NEW years, and memorial day off by then. That would leave seven days I have earned but not taken.

            So the parents would owe one months notice plus seven paid days.

            I have done this system for about 17 years and it STOPPED cold the parents leaving right before my paid time off.

            I take ten of the eighteen days off in the six weeks between thanksgiving and new years. I take thanksgiving, day after thanksgiving, Christmas eve, Christmas, five vacation days and New year's.

            So I had parents pulling out mid November because they didn't want to pay two of six weeks paid and they had used all their days off. They would wait till it was getting close to deal with it and get care lined up. It was easier and cheaper to find new daycare then to find someone to do free at the Holidays.

            Now they have to pay their slots time off whether they are here or not. It stopped the vacation loss and it helped me a ton to retain kids. It also stopped them taking me days.

            For part time kids of three days a week... I accrue one day per month. I had a problem with them wanting Monday, Tuesday, Wednesday for the week of thanksgiving making it so I didn't get my paid two days. They would try the same thing if I had any days working the week before I took xmas off depending on the day it hit and the weekafter new years depending on what day it hit.

            So they pay twelve days a year and if they want to come Monday Tuesday Wednesday before thanksgiving they can but they pay an additional two days for Thursday Friday.

            I
            http://www.amazon.com/Daycare-Whispe...=doing+daycare

            Comment

            • NightOwl
              Advanced Daycare.com Member
              • Mar 2014
              • 2722

              #7
              I don't have any advice, but I wanted to say that's a low blow. I'm really sorry that happened. Just when you think you have a good relationship with a family, they go and do something like this. It's glaringly obvious this is an effort to save a few bucks, and at the expense of your feelings. I don't know why they thought they could convince you otherwise. It's just messed up.

              Comment

              • KiddieCahoots
                FCC Educator
                • Mar 2014
                • 1349

                #8
                Oh, I'm sorry.
                Yea....I feel it's unfair, and may be facing the same issue right now.

                My two week deposit on contracting helps. The first portion going to the first week in advance, and the second going to the last week. So if anybody has instant withdrawal, or termination, then I consider that last week already paid.
                Doesn't do much for the hurt feelings though.

                Honestly, I have a really hard time getting my private clients to understand that they have to pay for every closure date the child care is closed. In my area, the state contract I sign for voucher recipients, they require us to charge for these dates. Just signed a recent contract allowing EEC coordinators to check our paperwork for this, or we can be fired from the state.

                Comment

                • nothingwithoutjoy
                  Daycare.com Member
                  • May 2012
                  • 1042

                  #9
                  Originally posted by MCC
                  Good morning!

                  I have 3 spots opening up Aug 16, I have a week planned paid vacation, Aug 18 which I notified parents of in the middle of May. 3 of the spots are kids leaving for preschool, but the families had previously told me that they would be pulling them Sept 1. Last week both parents (one is a sib set) told me that they will have their last day be Aug 15, "since I'll be on vacation the next week" so they are just starting them at the preschool (basically a full time center) that week instead.

                  I'm am so hurt by this, as it seems really unfair, how would they like it if their boss came in 6 weeks before their vacation and said they are no longer going to get a paycheck for their vacation week??! I've had the sib set here for a year and a half, and last year I didn't have paid vacations.

                  I was thinking about ways I could have my contract protect me from this. In the future. Something like If you leave within a month of a scheduled vacation, you have to still pay for that week? Is this something that any of you have wrapped into your contract? How is it worded?
                  I faced this for several years with kids leaving for kindergarten, as I like my vacation week to be between one "school year" and the next, so always take the last week of August. I feel those parents ought to be paying for the vacation just like everyone else who was here all year, but of course they don't see it that way. I finally solved it by having parents pay the year's vacation pay ahead of time--half in Nov., half in March. Then when the vacation rolls around, they don't pay me, because they have already.

                  Comment

                  • rosieteddy
                    Daycare.com Member
                    • Jan 2014
                    • 1272

                    #10
                    My contract states if you are here in April you owe for two weeks vacation.I have not had a problem yet .

                    Comment

                    • TwinKristi
                      Family Childcare Provider
                      • Aug 2013
                      • 2390

                      #11
                      I had a mom give me her last day about 2 months prior to pulling and calculated it so she didn't have to pay for any days off in December. He didn't start school til the 7th of Jan but they found other people they know to take the kids when she had to work random a couple days each week. Both mom and dad some took time off so they didn't have to use daycare before going to preschool for those 3wks. That's all fine and dandy but it's like they went out of their way and totally juggled the kids around everywhere so she didn't have to pay me for a couple holidays and days they may not have used. It was a little insulting.
                      But I don't have anything in my contract about pulling prior to a holiday or scheduled vacation so I'm not protected.

                      Comment

                      • Rachel
                        Daycare.com Member
                        • Apr 2010
                        • 605

                        #12
                        Where we live August is the standard vacation, anywhere from 2 weeks to a month. Also parents have to pay up front for the month, and leave a 1 month's notice when leaving. STops a lot of the "games." As far as August, I work 2 weeks (1st - 11th, so depending on weekends more or fewer actual days) and the parents have to pay the whole month. A parent who leaves early (or joins later in the school year) has to pay out August when they leave. I think it's 1.5 days for every month.

                        Comment

                        • Kimskiddos
                          Daycare.com Member
                          • Oct 2013
                          • 420

                          #13
                          I have my vacation weeks already figured into my tuition (50wks x wkly $$ divided by 12= monthly tuition. I set my rates at a place where I am happy and it really does pay for my vacations ;o) ). Technically my dcf's get 2 free weeks each year.

                          I am paid monthly in advance and tuition is the same every month. Don't think I have ever had a family try and stiff me for any time off. Guess I'm lucky with the dcf's I have.

                          I have a kiddo leaving for K the 3rd week of August and I am taking vacation the first week of August, it will be interesting to see if the family will try to get out of paying for the weeks in August before school starts (try to shuffle her around with family). I don't think they will as they are planning for baby #2 within the next year and I know they want a spot with me.

                          Comment

                          • MCC
                            Daycare.com Member
                            • Mar 2013
                            • 501

                            #14
                            Originally posted by nannyde
                            I accrue paid time off in each slot. When a child leaves the parent is responsible for paying their child's slot pto.

                            I take 18 days paid off.

                            I take 10 days vacation, 8 paid holidays.

                            I accrue pto at 1.5 days per month. 1.5 x 12 months equals 18 days.

                            So if it is June and the kid leaves I would have earned six times 1.5 which is 9 days.

                            I would have taken NEW years, and memorial day off by then. That would leave seven days I have earned but not taken.

                            So the parents would owe one months notice plus seven paid days.

                            I have done this system for about 17 years and it STOPPED cold the parents leaving right before my paid time off.

                            I take ten of the eighteen days off in the six weeks between thanksgiving and new years. I take thanksgiving, day after thanksgiving, Christmas eve, Christmas, five vacation days and New year's.

                            So I had parents pulling out mid November because they didn't want to pay two of six weeks paid and they had used all their days off. They would wait till it was getting close to deal with it and get care lined up. It was easier and cheaper to find new daycare then to find someone to do free at the Holidays.

                            Now they have to pay their slots time off whether they are here or not. It stopped the vacation loss and it helped me a ton to retain kids. It also stopped them taking me days.

                            For part time kids of three days a week... I accrue one day per month. I had a problem with them wanting Monday, Tuesday, Wednesday for the week of thanksgiving making it so I didn't get my paid two days. They would try the same thing if I had any days working the week before I took xmas off depending on the day it hit and the weekafter new years depending on what day it hit.

                            So they pay twelve days a year and if they want to come Monday Tuesday Wednesday before thanksgiving they can but they pay an additional two days for Thursday Friday.

                            I
                            This is an excellent idea. I am going to look into adding this into my contract. Thank you very much.

                            Comment

                            • MCC
                              Daycare.com Member
                              • Mar 2013
                              • 501

                              #15
                              Thank you all for the replies! It seems like this is kinda a common issue. I am hoping that the parents just don't even realize that they are putting me in a sticky spot, but that's just me giving them more morals than they probably have.

                              Comment

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