Do I Have To Pay Full Tuition If Child Is Out Sick?

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  • md12
    Daycare Member
    • Mar 2009
    • 3

    Do I Have To Pay Full Tuition If Child Is Out Sick?

    I'm going to a daycare in Delaware starting this January. After 2 weeks of daycare my 17 month child got RSV and then pneumonia.. got complicated and we had to stay in hospital for a week.
    We were out from daycare for 5 weeks and in all this time the daycare provider never called me for payment or to ask me if we are going back to them.
    The contract I signed with the says that we have to pay tuition if child is out sick. It also says that after 10 days of non payment we will be expelled..
    When we went back to daycare the provider asked all the money for those 5 weeks and she asked for half of the money on that day.. we had no choice and we gave her a check for $390. We tried to talk to her, maybe she will give us a discount for those 5 weeks.. but no luck. She wants all the money by the end of the month.. which is outrageous.. I can't pay $1100(for 2 months) in one month only ... I don't have these money..
    I understand they have a business to run, bills to pay and teachers on payroll.. but I have also $3000 in hospital bills because my child got sick in her daycare.
    I do not think is fair to us that she is so insensitive about this problem.
    Because of this I want to take my child out from this daycare.. without the 2 weeks notice and tell her that she was supposed to expel my child for non payment after 10 days and not to wait for us to build such a debt.
    Can she sue me for not giving her 2 weeks notice and $390 remaining balance that she claims?
    Do you guys think I have a chance to fight this in court?
    She never called or mailed any statement that we owe her every week full tuition.. and it was very wrong from her to wait for us to come back and then ask $650 for those 5 weeks..
    If anybody knows any rules or laws about daycare charging full tuition when the child is sick, please help me with an answer..
    Thank you
    Last edited by md12; 03-16-2009, 09:34 AM.
  • Unregistered

    #2
    Wow! Your family has really been through the wringer.
    My first question is about your contract. Do you have one with your provider? Sounds like you do.
    Second question. Did you keep you provider up to date on whether you would be there from day to day or even week to week?

    As for all the back pay, were you just assuming your spot would be there available to you when you did need to return? Then you pay for the spot if you use it or not.

    It sounds like your provider is a bit cut and dried, and that's her right. But if you have any other options, I'd give notice now and move on and try to find a more understanding provider. If you signed a contract, it could likely hold up in court.

    I am a provider, and if I were in her shoes, I'd try to give you a break. I don't know how much, depends on what I could handle financially, how much I wanted to keep you as clients, and how much communication we had about the situation.

    Comment

    • md12
      Daycare Member
      • Mar 2009
      • 3

      #3
      Thank you for your reply... I'm glad you are a provider...
      Yes, I did sign a contract with her daycare center and yes, it says you have to pay tuition for the time your child is out sick or in vacation. I knew I have to pay for those 5 weeks but I never imagined she will be so insensitive about the situation and she will change me full tuition. Any percentage off would have been good for us but she didn't want to give us any. And what is worse... she asked to pay those $650 by the end of the month... which I think that was really mean and maybe she did it so we can leave from her.. Maybe she didn't like us or my child... I have no idea what happened.
      I assure you, we are good people, we paid on time for the 3 weeks we were in daycare and we pay on time every bill we have...
      I wonder why she did not send me a statement o the first week we were out sick. Like that I would have known that she is charging full tuition and I would have given her the 2 week notice and that's it... end of story... But no, she waited for me 5 weeks and then "I kept your spot for 5 weeks, you owe me $650... You have to pay by the end of month". She never called to tell me anything and I think she took advantage of us acting like that. I kept her up to date on how is my child doing and last time I called was when we were discharged from the hospital and she never mentioned anything about payment ... and very stupid of me .. I didn’t ask either.
      I know it can hold up in court... I think she will sue me... anyway I don't have any money... probably I'm going to end up paying her everything she is asking because I signed that contract.
      That was the only thing I didn’t like in that contract... that I have to pay full tuition for sick days.
      My opinion is that every daycare should have other rules about sick days... we can bring proof from the doctor that the child is/was sick (if necessary) and then the provider will charge only a portion of the tuition.
      You, as providers should understand the parents also (missing from work = no income and doctor/hospital bills) as we understand you about your rent, electric bills and teachers on payroll. Let’s meet half way so everyone will be happy, not only the providers…
      I’m not generalizing but I’m sure there are providers and teachers that do not care about the kids getting sick... It’s better for them, less kids = less work and they do not have any interest whipping their nose, washing their hands, etc because they are still getting paid if kids are home.
      I'm sure lots of parents feel this way about this problem with sick days..

      Comment

      • Unregistered

        #4
        Paying for day care even when child is sick

        Yes, my daycare provider also charges for when kids are out sick and that is why my kids have been constantly sick ever since they started going there. The parents of the kids whose kids are sick and should be home are brought to day care anyway and that is why the other kids get so sick all the time.

        I hate day care and I am planning on pulling my kids out ASAP. I will work at home.

        Comment

        • lilbiddapopcorn
          lilbiddapopcorn
          • Aug 2008
          • 75

          #5
          Payment for sick days

          I understand payment for sick days as a provider, BUT...if you were to go to court, you could bring up the fact that your child was very ill and you assumed after 10 days you would be expelled, because that's what our contract states. If you didn't ask her to hold a spot for you, then no, she should have abided by her own rules and expelled you after 10 days of not showing up and not paying. I believe she would lose this in court because of that clause in the contract and you need to stick to your guns if you don't want to end up paying it. I would bring that part of the contract up to her that says you'd be expelled and let her know she has no right to charge you if you didn't ask her to hold your spot. And yes, I think it's unreasonable under these circumstances to ask someone to pay that much all at once. Normally, as a provider, I did charge people for sick days because I couldn't afford not to, and most often I wouldn't get a call until an hour after I was expecting them anyway saying they were sick that day, so I planned everything assuming they would be there. At any rate, I agree with you on this one. Good luck.

          Comment

          • Unregistered

            #6
            I pretty much write people off after 2 weeks of no show. I'm not one to hunt someone down after 2 weeks of not showing up, but I wouldn't hold their spot for them. I guess it kind of points out how important open lines of communication are. As to charging for days children are out sick...I buy supplies for activities and food for the amount of children I am expecting, and I would actually prefer that everyone showed up. It's really kind of a pain when you are expecting X number of children and then Y shows up. My parents pay regardless, but it can make it hard to plan. Almost makes me want to not plan because some of them obviously don't care. I keep my numbers low because I think it's a much nicer environment than having everyone tripping over each other, but it kind of bites me in the butt when I have supplies for 6 and 2 children using them. I digress, I charge for the slot, not when they are actually here or not, but I would prefer that they are here, if anything it helps with consistency and keeps things running smoother.

            Comment

            • mac60
              Advanced Daycare.com Member
              • May 2008
              • 1610

              #7
              This is complicated. As a provider myself, I put in a sick policy statement in my handbook, basically if out sick...parent or child, for more than 2 weeks, then family is responsible for full payment for first 2 weeks out, then 1/2 payment for remainder, up to 10 weeks, for me to hold their spot. If more time is needed, then I would continue.

              As far as providers not being paid when a child is out sick....we are only allowed so many spots, so each spot is worth so many dollars. Because a child is sick a day here and there, does not mean my expenses are any less, such as insurance, utilities, supplies, etc. It is kind of like paying rent for a spot. Think of it this way, you still have to make your rent or house payment even if you leave and go on vacation for 2 weeks. The bank or landlord does not deduct those 2 weeks you are gone. It is the same concept for providers.

              Also, every one of my dc moms that I have get paid for when they are off sick, or when they take a day off for their child. They call it paid time off. Many a times I have had a parent call and say "I am playing hooky today and taking the day off". Please understand, that we as providers can not run a business like this. While I do have the policy "Pay whether you are here or not, vacation, holidays, and sick days included", and I do have a sick policy/maternity leave policy, I am considerate of situations. Just as the parent expects us to be open and readily available each and every day, we expect to be paid for our services just like you would pay your mechanic, internet bill, phone bill.

              If you called your provider, told her you would be out for these weeks, and stayed in touch with her, then I would think that yes you are responsible for the payments to keep your spot, because by you doing this in my opinion shows you were planning on coming back. If you did not let your provider know you were going to be out these weeks and just didn't show up, then I would think you would be responsible for those 10 days and be out. I find her policy 10 days of no show kind of odd.

              While I understand her policy, it is kind of harsh. As far as your child getting sick at daycare....how do you know that is where your child got sick. As a provider, I get so tired of hearing this. I know that I disinfect and sterilize my daycare and home much more than the average family. I don't know where you work, but who is to say that your child didn't get sick from you being exposed to something, or that your child was exposed to something in a public place. Having your child in a small home daycare is probably one of the best things you can do for them, vs a large center.

              I totally understand your frustration, and would recommend you find a new provider.

              Comment

              • FingerprintsHappen
                Daycare.com Member
                • Jun 2009
                • 6

                #8
                While according to the contract that my daycare parents sign they are responsible for paying for sick days, I can't believe that in your case the provider actually asked for all of it. Why? because I'm a softie... I often don't charge for sick time, esp when I know the parent is taking sick time unpaid. Just like late fees are in my contract but I havent' charged them in 4 years!

                Comment

                • Former Teacher
                  Advanced Daycare.com Member
                  • Apr 2009
                  • 1331

                  #9
                  At my former center.....

                  parents had to pay regardless of whether their child was there or not. While we did not have a contract, there was a signed agreement that parents would paid regardless of absents. There was also a section that stated that a 2 week notice would be required. Well, parents never read what they sign and are stunned when reality hits. Of course my former director never held them to the 2 week notice, however she was VERY firm on the weekly payments. Once there was a child who enrolled August. This family was extremely well off so they went ahead and paid up to Dec 31st. Yes, a couple thousand dollars! Well the poor thing in September contacted RSV. So she was out until January. Did the parents receive their money? No. My former director explained to them in order to reserve their space, they had to pay regardless.

                  This post reminds me of a family. After Hurricane Katrina, our center had taken in 2 families that were displaced due to Katrina. We offered FREE childcare. Since we were a small center we were not eligible for government help, but we felt we had to do something.

                  This one family whose son was 5 years old. He was a BEAST! () Anyway, they were with us for 1 week. The following Monday no call. Tues. no call, etc. no calls at all, all week. The following week we called to see what was up. We got the voice mail. No calls all week. My former director said if and when they come back, we filled his spot.

                  Sure enough 3 weeks later, father and son came waltzing in like it was nothing. Father wished his son a good day and was ready to walk out when I told him his place had been filled. Father was stunned. I explained to him since there were no calls and that we tried to contact him, we assumed he pulled out. He said no the boy was sick...etc etc. He then got mad at me because he had no where to put his son. I told him that if we was willing to pay for his spot I am sure we could make the space for him. He got even MORE mad at me, telling me that the family went through heck (he used another word haha) through the Hurricane and that I was inconsiderate. I told him while I was sorry for his situation but we were not in business to provide free care. BTW the other family had taken off by this time, again no call. Anyway long story short he got furious with me and took his son and left.

                  Another mother got very upset with me because her daughter was out sick for a week (no calls) and she came in the following Monday and she was charged a late fee. She wanted to know why she was charged a late fee plus tuition. I told her probably because she never called to let us know. Had she, maybe she wouldve just been charged the tuition. She told me she didn't feel she should pay because her daughter wasn't there. I told her that just because she didn't make a phone call everyday, she was still charged for the phone line. She, too, also wasn't happy with me!

                  Comment

                  • Chickenhauler
                    Senior Member
                    • Jun 2009
                    • 474

                    #10
                    Originally posted by Former Teacher

                    This post reminds me of a family. After Hurricane Katrina, our center had taken in 2 families that were displaced due to Katrina. We offered FREE childcare. Since we were a small center we were not eligible for government help, but we felt we had to do something.

                    This one family whose son was 5 years old. He was a BEAST! () Anyway, they were with us for 1 week. The following Monday no call. Tues. no call, etc. no calls at all, all week. The following week we called to see what was up. We got the voice mail. No calls all week. My former director said if and when they come back, we filled his spot.

                    Sure enough 3 weeks later, father and son came waltzing in like it was nothing. Father wished his son a good day and was ready to walk out when I told him his place had been filled. Father was stunned. I explained to him since there were no calls and that we tried to contact him, we assumed he pulled out. He said no the boy was sick...etc etc. He then got mad at me because he had no where to put his son. I told him that if we was willing to pay for his spot I am sure we could make the space for him. He got even MORE mad at me, telling me that the family went through heck (he used another word haha) through the Hurricane and that I was inconsiderate. I told him while I was sorry for his situation but we were not in business to provide free care. BTW the other family had taken off by this time, again no call. Anyway long story short he got furious with me and took his son and left.

                    A good way to equate this is to a job-if you don't show up for a few days or even weeks, never call, ignore and fail to return phone calls (essentially incommunicado), and show back up 3 weeks later, chances are that security is going to hand you a box of stuff that was previously contained in "your" desk/locker/cubicle.


                    It never ceases to amaze me the gall of some people-free daycare, no communication when kid ceases arriving, and they get mad at YOU?

                    md12-first, is it in the contract, did you read the contract, and were you communicating with them-keeping them updated on your status and intentions? If anything, it sounds like you owe them two weeks and nothing more.

                    Now, if you want to continue to bring your child there, you may have to work something out with them, but I think they should be a bit more flexible with you considering the circumstances.

                    Myself, I'd have handed them the check for two weeks, and told them that's all you're getting. But, then again, I'd be in search of a new daycare if I were able to pinpoint that my child was infected at their facility due to negligent housekeeping/other sick kids in attendance.
                    Spouse of a daycare provider....which I guess makes me one too!

                    Comment

                    • denise

                      #11
                      Equal Responsilibility

                      PLease help me understand the logic in this, especailly when you are a responsilble parent and keep your kid out of daycare while he is feverish--again why am I paying for this? Help me want to keep my sick kid out of your daycare and not just have me give him a fever reducer right before I drop him off and then once the medicine wears off after 6 hours I get a call from the provider that he's sick and to come get him---at least I got my six hours--I feel like this is a tug of war and we have to meet somewhere in the middle. What I don't understand is that holding a spot is worth something when the intention behind it is to prevent the spread of the illness? If you just want your guranteed money then I just want my guaranteed service--is this whay parents send their sick kids to daycare? Well if that is true then, is it practical to say that when you don't show up or call for, let's say, for a hair appt, should you still be getting charged full price for the services I promised to render to you? I mean, I was there, I reserved a spot that you requested and you don't come--what then should I do? I've already paid my chilcare provider to watch my child that day so I could come and be there for you. If this became in undustry standard, as this has been in the chilcare arena, would everyone be OK with that? Point is Hairdressers are regulated and licensed by the state and must keep renewing licenses and provide insurance, too. Same with Doctors and missed appointments. How many of you gripe about the mere threat of a $25.00 late cancellation fee--and this is YOUR helath care provider for goodness sakes! I say you'd all be pretty irrate if you went to your hair or doctor appt and they didn't show up---wouldn't you press to be compensated for your inconvenience? If I got paid for each client who didn't come to their scheduled appt I would be very well off .....Why do chilcare providers feel they can command a guaranteed income? Why is the level of respect so much more different for certain service providers? I'd like to see these "contracts" include an incentive to NOT bring my sick kid into their home daycare and offer at least a 1-2 day sick day leave per month or quarter. It's absolutely unrealistic to think a kid would not ever miss a day due to illness and although, for most people, when you don't go to work, you don't get paid, you chidlcare providers have been able to get away with this unusual perk, because you threaten to thorw us out if we don't. SO now I see why I will now be sneding my sick kid to infest your childcare center, afterall, if all the kids get sick, you'll sit back an get paid anyway.

                      Comment

                      • mac60
                        Advanced Daycare.com Member
                        • May 2008
                        • 1610

                        #12
                        As a parent, if my child was sick, I felt it was my parental obligation to care for my child at home and not send them to daycare. There is a fine line when a child is too sick for daycare and should be kept home, and not feeling good and will do ok at daycare...in my opinion.

                        To compare me to a hairdresser or doctor, no comparison at all, especially in pay. Take the hairdresser.....she gets anywhere from $15 to $25 per 20/30 min appointment (rates in my area) for a simple haircut, I get approx $16 per day for 8 to 10 hours of caring for a child. I have a set amount of spots to fill and am only allowed so many children in my care. I can not schedule 10 kids hoping 5 will show up, because when those 10 show up I am in trouble. How I charge is no different that how the cable company, rent, or other monthly services you pay for charge. Because you were on vacation and didn't watch your cable for 5 days, you are still charged for those days. Same with daycare. You are paying for the guaranteed spot.

                        Now for me, when it comes to sickness, I am pretty lenient. Throwing up and diahreah, or fever, please don't bring them. Not feeling good, cold, runny nose, they can come, just send something to give them to make their day more comfortable while here, something to help control the snotty nose, or cough. As a provider, all I ask is to use good judgement when your child is sick or not feeling well.

                        I can say that at least 95% of my parents have sick days to use that are paid for, and they don't think twice about calling off work. If I took off as many sick days as my parents did, I wouldn't have a business.

                        I guess if you don't like the policy, find someplace else to go. I do know, most places charge this way.

                        Comment

                        • Unregistered

                          #13
                          OP, you say that you were in contact with her about your child's status and progress in the hospital. So why would she assume that you were not coming back? Why would she terminate you after 10 days? You were CALLING her about your child! Why would you unless you planned to take your child back there? Which obviously you did, because you went back to drop the child off for the day and got your bill!
                          You can't have it both ways. Sorry. You were fully aware of the policy. The time to discuss it and work something out would have been during the 5 weeks you were out.
                          If she HAD terminated you after the 10 days I have a feeling you'd be here complaining about that instead.
                          Day care providers do not make a ton of money. We are not in this business to get rich quick. You are reserving "prime real estate" in a home day care with only so many slots available, a staff to pay possibly, expenses, Social Security, unemployment, etc, etc, etc. Ladies where is that little diddy about this that we give all of our parents? I know someone has it.

                          Comment

                          • GretasLittleFriends
                            Daycare.com Member
                            • Feb 2009
                            • 934

                            #14
                            Personally, I don't charge for sick days if parents call ahead of time and keep their child/ren home sick. However, if the child is blatently ill, and contagious, and I have to call the parents to come pick their sick kid up, I'll charge for the full day. Even if their child/ren were only here for an hour or two. I do this because when they bring their infested child/ren, it subjects my family and I to their illness.

                            On the same note, if either of my own children or myself are under the weather, I call my parents give them as much notice as I can, and leave it up to them if they want to bring their kids in. If they opt not to bring their child, I do not charge them.

                            But I do have to tell you the clinic I go to, and the dentist too, do charge 100% if you make the appointment and then do not show up without giving 24 hour cancel notification.
                            Last edited by Michael; 09-18-2009, 09:18 AM.
                            Give a little love to a child, and you get a great deal back.

                            Comment

                            • melissa ann
                              Senior Member
                              • Jun 2009
                              • 736

                              #15
                              If a provider allows 2 days per quarter per child, that can really add up if the parents use them. Which, they will whether their child is sick or not. They will be getting 2 days free so they will use them. I charge whether a child is here or not. I also have a 3 day min. rate. So, I'm lenient. If a child was scheduled for 3 days, but one of the days, the child is sick. I will allow the parent to bring the child on a different. It will still be 3 days. But, if they were scheduled for 4 or 5 days, I charge for those days child was out.
                              A 3yr dcb came here on Mon with runny nose and sneezing. Tue, coughs came into the picture. Wed he was starting to feel better. My kids ended up w/runny nose and sneezing. Tue I found out that grandpa had a fan on that blew over the boy while sleeping. Now, in my area, it's been in the 60/70's during the day and 50's sometimes 40's in the night. There is no need for a fan.

                              I don't understand how parents have no problem paying for a parking space, cable, electic, etc even when they are not using it and think nothing of it. Their children should be their most precious possession and they want to groumble over $16-$30/day if their child is not there. I charge $18 for 11 hours. Insane, I know. How many of the parents out there make that much a day for less hours?
                              And yes, most doctors, dentists, ect will charge even if the appt was missed.
                              I don't charge for my 1 week vacation, up to 5 personal days or holidays. IF I"m closed, I don't charge. If I allowed parents not to pay when they decide to keep their child home for any number of reasons. I would be broke. I might as well open a "Free" daycare at that rate.
                              Last edited by Michael; 09-18-2009, 09:19 AM.

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