Notice period for termination?

I have a question about termination policies. I have a policy in my contract that I can terminate without notice if it is deemed necessary for the safety/well-being of myself or the other kids. I have a prospective client questioning this and asking if I can add a clause that if I decide to terminate for other personal reasons, I will give two weeks notice. It seems reasonable, but at the same time, I don't want to open myself up to all kinds of problems should I decide to terminate. Do any of you have such a policy and if so, how do you word it? Thanks!

Hmm - there are so many nuances to contracts from our end for sure - which is why some people end up with 20 page contracts trying to cover all those 'what if' scenarios of things that can go wrong so to speak :yes:

My contract and parent handbook covers three various 'terminations' in the following manners:

• A minimum of 10 business days written notice are required to terminate the contract. When proper notice is given the security deposit may be applied to the last 10 days of care - failure of a client to provide proper written notice of termination will result in forfeiting of security deposit. (this generally applies for those who get laid off, transferred, unexpected move, are having a baby or what not)
  
• Contracts are reviewed annually and the provider will provide 60 days written notice to CHANGE the terms of a current contract ( this is me raising fees, changing my hours of operation, including a new policy / procedure for handling something in the program which in essences is terminating the current contract in favor of a new one - I give clients LOTS of notice of this as a result)
  
  If the client is choosing NOT to renew the new contract at the end of that 60 day period they must provide 30 days written notice or they forfeit their security deposit in lieu of proper notice. ( in all honesty I have never had a client not 'renew' a contract with me - most return the signed one that day)
  
• Clients signing this contract are aware that the contract may be terminated by the provider 'without notice' if any violation of the contract occurs, if there is a repeated failure to follow program procedures of the parent handbook on behalf of the client or if the client or clients child become a liability to the program due to aggressive / violent / abusive / disruptive behaviour. (this covers all the 'nasty' reasons why you might need to let someone go - fees bouncing, rude or disrespectful parents in regards to drop off and pick up behaviour or the child is a NIGHTMARE behavior wise)

I know that many providers also have a '30 day probation period' for new clients during which either party can terminate without notice and without prejudice or penalty of security deposit - I personally do not have that in writing in my contract because I do not want to open myself up to those clients who HOP childcare providers by signing up for a short period of 2-3 weeks when needed and leave without notice just because they only needed short term care and knew the provider would not sign on if they were up front about that - because most providers want 'long term' arrangements as do I.

As a result I want the client to HAVE to give at least two weeks notice or forfeit their security deposit to protect my income from people like THAT .... I feel confident to do this because in 20 years I have never had a client 'unhappy' with my service and want to leave over conflict so IMO there is no need for THEM to have an out policy in that 30 day period because of anything I would or would not do to cause issue in their care ... if something DID occur that I was somehow truly at fault with that the client felt they needed to pull their child without notice - I would likely just refund the deposit to be 'done' with them cause I cannot work with someone who does not trust me to have their child's best interest at heart - but I do not want that in WRITING so the final decision is mine based on individual circumstances!

And on the flip side of a probation policy in a contract - I feel that if I needed to terminate because the child was just too much or whatever but I was not confident that it fell under 'grounds / violation of the contract' to do it without notice I can still terminate and refund the security deposit in lieu of providing two weeks of CARE ... the option then is MINE to forgo that income and again I do not want that in WRITING because I want to be able to weigh any individual scenarios and choose based on that verses a 'policy'.

In reality I have never had to terminate a client ***knocks on wood*** so until I 'close up shop' the only time contracts get terminated at this point is when I renew annually and terminate the old in favor of the new or if clients are naturally graduating out of the program due to change of direction in their lives ... and they all give me at least two weeks notice if not months notice of that happening.

Thanks so much Reggio! I think what this parent is worried about is that I might terminate her child without notice for personal reasons (ie. I decided I didn't want that number of kids or I wanted a full-timer instead of her part-timer)...I would never do this but I guess she wants clarification in the contract. Not sure if I'd be opening a whole new can of worms!

By the way, I did have to terminate once, but it was for behavioural issues (aggresive child) and parental disrespect.

Do you have anything that states that YOU must give notice if you decide to close your daycare, or in the situation where you become very ill and have to close, need to go on mat leave, etc ? It seems reasonable, but I am not sure how to word it so that it doesn't open me up to problems should I need to terminate with no notice.

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Originally Posted by kangaroomama

....I think what this parent is worried about is that I might terminate her child without notice for personal reasons (ie. I decided I didn't want that number of kids or I wanted a full-timer instead of her part-timer)....

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Ya we ALL bare this burden of concern because unfortunately there ARE providers out there who do this ... other than verbally reassuring her there is not much you can do about this :(

The bottom line is she cannot MAKE you provide care to her child .... in that aspect the contract is more to protect US and our income ... if you did terminate her without notice because something 'better' came along all she could do is sue you in small claims court for the 'pain and suffering' that might have caused her or loss of income while she searched for new care and so forth ... however the reality is there MAY be valid reasons for terminating without notice - health being one of them - if you suddenly become to ill to provide care you cannot be bound by a contract to 'provide notice'.

This is exactly what I TELL parents who express those concerns to me to be honest because it eases their mind that I would NOT do this to them because I am sharing and educating them that I am AWARE that this is their recourse if I were to do this and it would cost me more money in time off work 'defending' myself in court and stress and aggravation of potentially being sued - it is just EASIER to give the PROPER NOTICE as per my contract for terminating without 'cause' and just 'because' ... so she could be rest assured that she would get at least 10 days notice for me as per the contract.

If a client was not happy with the 10 day notice from ME feeling that was not enough time for them to find alternate care than I would be more than willing to increase that on BOTH our ends because the reality is that 10 days notice is not enough time for ME to find alternate client either - however it is the 'standard notice' to terminate employment contracts at least in Ontario so this is what I have always gone with!

So you do have a 10 days notice for termination without cause policy? I actually have my contract so that the parent gives me one month's notice for withdrawal or agree to pay one month's fees in lieu of. I am thinking of adding to that part of the contract to make it so that I also have to give one month's notice for withdrawal of services for no reason (ie. nothing covered in the termination policay) or agree to refund one month's fees in lieu of. Thoughts/

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Originally Posted by kangaroomama

Do you have anything that states that YOU must give notice if you decide to close your daycare, or in the situation where you become very ill and have to close, need to go on mat leave, etc ? It seems reasonable, but I am not sure how to word it so that it doesn't open me up to problems should I need to terminate with no notice.

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In my sick day policy - it says as much notice as possible will be given for closure due to illness - the reality is that you cannot PLAN for some illnesses - you just wake up at 5am puking or worse 10 minutes before you are due to open it comes on :( This is the one CON of home based centre for sure!

My clients do not have to worry about mat leave on my end - I cannot have kids - however I am thinking that the bulging belly would be a give away to clients and I would be wanting to keep them in the loop of the plans for sure cause 'trust' goes a long way to having them work with you through a mat leave ;)

Any other reason is the 10 days minimum notice on either of our parts - with the exception of a lay off where a client was not 'planning' that obviously I have always had many months notice of clients leaving the program so I can plan for it - and I would want to do the same for them in return should I be the one 'ending' things one day.

I would keep any reference to closures do to illness or what not 'simple' ...IMO stating that as much notice as possible will be given but unfortunately things of this nature are often not planned so that is about as much as you can promise to cover your butt!

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Originally Posted by kangaroomama

So you do have a 10 days notice for termination without cause policy? I actually have my contract so that the parent gives me one month's notice for withdrawal or agree to pay one month's fees in lieu of. I am thinking of adding to that part of the contract to make it so that I also have to give one month's notice for withdrawal of services for no reason (ie. nothing covered in the termination policay) or agree to refund one month's fees in lieu of. Thoughts/

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My security deposit upon enrollment is equal to 10 days of care so my MINIMUM notice period is the same ... I chose the 10 days because that is standard however if you have clients willing to give you a 30 day security deposit upon enrollment more power to you!

Yes with my 10 day notice to terminate policy either party can terminate with proper notice - this is termination because we are just no longer a match because our needs have outgrown each other but neither of us has done anything 'wrong' per-say to warrant terminating without notice due to cause.... now on my part because I have the 'security deposit' already in hand from when they enrolled I can choose to refund that to a client in lieu of providing the service just as they can choose to 'forfeit' the service during the two week notice period.

Thanks so mcuh! This really helps me....I knew I could count on your great advice! :)

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Originally Posted by kangaroomama

Thanks so mcuh! This really helps me....I knew I could count on your great advice! :)

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LOL - yes the things I will do to procrastinate trying to help my son with his homework - because it has been way too long since I have had to worry about the Periodic table and what chemicals do what!

This is what mine says about my ability to terminate:

BY PROVIDER: Provider will also give three weeks written notice should she wish to change or terminate the contract. The provider reserves the right to terminate without notice for breach of the terms and conditions of this contract or if, in the provider’s opinion, the continuation of the child or parent as part of the daycare group is detrimental to the well-being of the other children in care.

I understand the lady is concerned and it make sense but to add something to the extent that she is asking could cost you tons of money down the road if she took you to court to recover the two weeks fees plus court costs.

If you were pregnant and put on immediate bedrest or went into labour early and was hospitalized, fell and broke your leg or back and were unable to care for any kids, your house burned down and you had to relocate to a rental for awhile till insurance rebuilt it ..... or you just decided one day you had had enough and got a job and told everyone of Friday you weren't doing care anymore or you won the lottery ..... I mean what is she expecting. Life just happens and we need to roll with it. I'm sure she isn't saying if your house burns down or you were hospitalized following an accident and you can't give proper notice she wouldn't be holding you to the contract but in reality she is asking YOU to put that exact possibility into the contract to protect HER not YOU.

Here is my termination policy kanga, hope it helps you with some wording.



Termination of Agreement/Contract__________

Two weeks verbal and written notice by the home childcare provider or parent is required to terminate this agreement. Payment by the parent/guardian is due for the notice period regardless of whether or not the child is brought to daycare.



The following are grounds for immediate termination and deposit may be forfeited and become the property of S........... of .................Day care:
 Failure to pay tuition fees on time or failure to pay late fees
 Dishonesty or abusive language by parent or child
 Excessive aggressive behaviour by parent or child
 Failure to follow policies
 Failure to provide requested information, signed contract or medical form

There will be a one month probation period for newly accepted families and if the contract is terminated by either party within the first month payment is only required for the days for which childcare was provided.

Thanks everyone! This all helps me a lot and I will consider what to do. I think I may be going with one of the other families I interviewed this weekend anyway, but in case this comes up again I will work on that part of my contract.

It's true right? I improve my contract every year and that's why I have the families resign it annually.