Required to Pay??

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    Required to Pay??

    The daycare provider had no power for a week - which mean both parents taking time off of work to stay with the kids. Now the provider wants to be paid for the week. Is this legal?
  • wdmmom
    Advanced Daycare.com
    • Mar 2011
    • 2713

    #2
    Absolutely not! If she wasn't even able to provide care, she isn't able to collect payment...unless she has vacation time she hasn't yet taken and is using this time.

    **And, I don't know about you but if my daycare provider can't afford to keep her power turned on, I'd be re-evaluate my child's attendance there.**

    Comment

    • MyAngels
      Member
      • Aug 2010
      • 4217

      #3
      I doubt that it's illegal. You should take a look at the contract that you signed with your provider to see if this type of issue is addressed.

      According to the terms of my contract I would be paid for this situation, however, I doubt that I would expect my families to pay if I was unable to provide care for an entire week.

      Comment

      • squareone
        Advanced Daycare.com Member
        • Feb 2011
        • 302

        #4
        Originally posted by wdmmom
        **And, I don't know about you but if my daycare provider can't afford to keep her power turned on, I'd be re-evaluate my child's attendance there.**
        LEGALLY, it depends on what her contract says about the daycare being closed. MORALLY, she certainly shouldn't charge you.

        I am sooooo hoping that her power outage was due to storm related activity and NOT because she hadn't paid her bill!

        Comment

        • JenNJ
          Advanced Daycare.com Member
          • Jun 2010
          • 1212

          #5
          You would need to check your contract. In my opinion, I think its WRONG of her to charge you when she could not provide care. And honestly, I would protest no matter what the contract said. I actually have a clause stating that if my home is damaged, I will still provide care at a nearby location (my in-laws house).

          I wouldn't be ok with her using vacation time to cover this either. Vacation time has a good amount of notice so parents have time to make other arrangements. I'm assuming she lost power due to a storm or flooding.

          Comment

          • mismatchedsocks
            Advanced Daycare.com Member
            • May 2010
            • 677

            #6
            What does your contract say? Do you pay the same amount every week regardless? Is there something in it about her charging when closed? Did she have no power because of storms or what?

            Sorry so many questions. Personally, if I cannot provide care because of a vacation I took, or time I took off I dont charge. BUT if I have no power and I find suitable back up place to watch your kids until I get power back, then yes you have to pay. Like snow storms and schools are closed, well I am still open, so if you dont come you pay.

            Comment

            • AfterSchoolMom
              Advanced Daycare.com Member
              • Dec 2009
              • 1973

              #7
              I can see both sides of this. The DCP can't help it if she had no power (assuming it was due to storm damage) and may get into financial trouble if she loses a whole week's income. HOWEVER...I do think that, while probably not illegal, the morally right thing to do would be to **** it up and not charge.

              My contract actually states that if I'm forced to close due to circumstances beyond my control (power outages or deep snow), I'll credit half the weekly rate. That way I'm not completely out of all income but parents get a break as well.

              Definitely go over the contract that you signed when you started to see if there's something in there about this situation.

              Comment

              • Cat Herder
                Advanced Daycare.com Member
                • Dec 2010
                • 13744

                #8
                For me... If it was my fault there would be no charge.

                If it was natural causes I'd split the difference.

                What I don't understand is why a power outage stopped her from providing care :confused:

                I would not even blink at that...:confused:
                - Unless otherwise stated, all my posts are personal opinion and worth what you paid for them.

                Comment

                • mismatchedsocks
                  Advanced Daycare.com Member
                  • May 2010
                  • 677

                  #9
                  Originally posted by Catherder
                  For me... If it was my fault there would be no charge.

                  If it was natural causes I'd split the difference.

                  What I don't understand is why a power outage stopped her from providing care :confused:

                  I would not even blink at that...:confused:

                  Here in WI if we dont have electricity we cant provide care. The only reason I know this is when I closed a few months ago, because the power line was down in my yard after a tornado ripped through our town, and it was 90 outside. By morning the house was too warm, so I closed. My licenser called me later that day to ask if I had power and told me I was not to have kids without pwer in that heat. I felt bad, but parents understood, most had off work because of tornado. And i offered to take the kids if they didnt mind them being carted around town for the day. Library, museum, etc.
                  But if I was out of power for non tornado like things I would get ice and milk from gas station, use bottled water, or anything to stay open. I wonder why it was out for a week???

                  Comment

                  • Unregistered

                    #10
                    For why she would be closed with no power... when we lose power we have no water (well), and therefore cannot flush toilets.

                    For the length of the outage... after Irene my house didn't have power for 8 whole days!

                    Comment

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