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  1. #1
    Join Date
    Aug 2012
    2 Times in 1 Post

    "sick days" in Ontario

    I have heard something about how we cannot charge for "vacation pay" or "sick leave," because then there is a legal line crossed that turns the daycare provider into an employee of the parent rather than providing a service. I know that one way around this is to do "payment by enrollment" and also specifically say that payment is required on stat holidays during which the daycare is not open. I am also considering putting a number of "sick days" into my policies/contract, but do not know for certain if this is okay. I know a number of people in my area do this, but want to be sure?

  2. #2
    Euphoric ! Inspired by Reggio's Avatar
    Join Date
    Nov 2011
    946 Times in 686 Posts
    IMO the list of criteria for a home childcare provider operating a business out of their own residence and being 'self employed' verses 'employed' is so CLEARLY stacked in the direction of self employed that negotiating extra perks into a contract such as paid sick days, stats or vacation or whatever other financial perks you can in your service contract is not going to turn you into a 'employed' person in the eyes of Canada Revenue Agency

    Here is a list of things that help you to determine if you are 'employed' or 'self employed'

    Basically under the section of CONTROL ... we hold all the control over how our contracts are worded, what hours we are willing to work, we advertizing and interview prospective clients and so forth .... the clients choice is to accept the service for the fee we request or seek service elsewhere!

    Under TOOLS & EQUIPMENT .... we provide all the toys and equipment required for our business

    Under SUBCONTRACTING WORK OR HIRING EMPLOYEES we have total control over if we choose to do that ~ not the client!

    Under FINANCIAL RISK .... we take ALL the risk in the business here the client has way more consumer protection to use against us than we do against them.

    Under RESPONSIBILITY FOR INVESTMENT / MANAGEMENT we are responsbile for all investment in our business and we manage our selves as per the government regulations for our business

    Under OPPORTUNITY FOR PROFIT again that is all ours if you can call what we do 'profitable' but the point being the clients are not profiting from our relationship they are receiving a service that allows them to go out and work

    In my service contract I offer clients two payment options ... one higher weekly fee with payments only for Stat closures and no payment for closures of vacation or sick days and one lower weekly fee where you pay for the space the same fee 52 weeks a year which includes up to 10 stat closures, 10 vacation closures and 10 personal day closures ~ if I exceed that than I would credit their accounts at the daily rate and if they leave with 'credits owing' to me because I have not taken the allotted time off it comes off their security deposit ... basically on option 2 they are paying me 8% less each week in exchange for paying me for the closures! At the end of the tax year both clients pay basically the same rate within a couple bucks of each other

    i know lots of self employed people who have 'service contracts' with their regular clients and they negotiate all sorts of financial PERKS into it but they are still 'self employed' under the definition of CRA
    Children construct their own intelligence. The adult must provide activities and context, but most of all must be able to listen. Children need proof that adults believe in them. Their three great desires are to be listened to, to understand, and to demonstrate that they are exactly what we expect."
    Loris Malaguzzi

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  4. #3
    Euphoric !
    Join Date
    Feb 2011
    Ottawa, Ontario
    1,468 Times in 1,125 Posts
    I totally agree with this. I pay no attention to some of the wording issues since logic has to prevail.

  5. #4
    Euphoric !
    Join Date
    Mar 2011
    549 Times in 347 Posts
    I offer clients sick days in direct proportion to the number of days per week their child is enrolled. For example: someone enrolled for 5 full days per week will get 5 days per year whereas someone who has 3 days per week will get 3 sick days. They are used in order of absences and not stored up, are non accumulative and not transferrable between siblings. I never charge for my sick days or vacation time. However, if I'm quite ill, but not quite ill enough to work, I will notify parents that I'm in rough shape, but open none-the-less. They can make the call to bring in the kiddies or not as they'll pay either way.

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