Taking advantage of me?

[cassandram]

Thank you all for your advice! I am going to ask her to negotiate the contract to include 2 weeks paid holidays and Canadian stats only...if she can do this for me, we will stay...if not, sadly we will have to leave.

She's not a member of my family, but an home-based daycare. My little daughter really likes her, so it would be sad to leave, but honestly, this is unfair in my eyes. We live in a different economy now. Flexibility is the key to any good business relationship.

[Judy Trickett]

We live in a different economy now. Flexibility is the key to any good business relationship.

I don't agree. I don't think we need to be "flexible". We run a business just like any other business, large or small. I think 'flexibility' is a word used by parents with regard to home daycare when the parent expects SPECIAL. And SPECIAL always comes at the provider's expense.

Now, don't get me wrong - I DO think your provider's time off is excessive and over the top. I mean, really, American holidays? I also think it would be hard to keep clientelle who are paying for provider vacation time if it is three or four weeks a year. And, in that regard, I think your provider is likely just inexperienced with regard to this business.

However, YOU signed a contract with the provider and, as you stated, all this was included in that contract. It was your job to do the homework and understand what is considered the market expectations with regard to daycare in your area as well as viewing and completely understanding the contract before you signed it. You agreed to the terms of the contract, and, IMO, the provider is really doing nothing "wrong" but simply enforcing her contract.

Is it a bad contract? Likely. But that is not the point here.

You could try to "negotiate" the contract, as you have stated, but honestly most daycare provider contracts are not negotiable. Mine isn't. I would rather lose a client than negotiate my fees or paid holidays etc. So just be ready for her to be willing to cut you loose if you take that approach.

[Daycare Momma]

I have been doing home daycare for several years (10 or so), and I have always had "15 paid vacation days" in my contracts as well as all CDN stat and civic holidays paid. I do not get paid for any sick or personal days though. I also make sure to give parents ample notice of any vacation time usually 2 to 3 months written notice. I have never had anybody have any issues with this. I think if the contract is spelled out clearly, this is the key to averting any issues.

While I do sympathize with your situation, you did sign her contract that was too vague and perhaps misleading. Although I don't think she would be legally able to charge you for US holidays or Mothers and Fathers day. Definitely excessive. Hope you find alternate care soon.