Feeling awful!! :(

[babydom]

......."............ ....

[mickyc]

No don't give the money back. You offered to continue care for the next two weeks and said you would reassess the issue at that time. Sounds like the parents are just hurt that you rejected their child. They will get over it in time. Chances are the next daycare will have some issues with the transition as well.

Don't second guess yourself. If you feel you cannot go any further with a child and give notice then stick with it. This is part of the job unfortunately.

The thing is they pulled him so he didn't cry for the next two weeks - ummmm what has he been doing for the last two weeks but crying. He is going to cry at the next daycare as well.

[Rachael]

No, I wouldn't refund anything if they pulled out early in a notice period but then again, my contracts are very, very clear that fees are due during a notice period regardless of attendance.

Read your contract carefully. Is there anywhere which suggests that non-attendance does not incur fees? i.e. if you don't usually charge if a child is off sick or on vacation, then it's not unreasonable that the parents are expecting non-attendance during the notice period to be free and therefore any fees already paid should be returned.

[5 Little Monkeys]

I have it stated that once money is paid there are no refunds.

However, I request a one week deposit at the beginning of care to be used towards the last 4 week's of care. If I terminate though, I would have to give that deposit back right? Sorry for sidetracking this...now you have me wondering about my own wording!! lol

[Rachael]

That's correct.

If your contracts state that the deposit is deducted from the final weeks of care, and if you term effective immediately, you would have to refund the deposit which they didn't get a chance to use plus any fees which they have paid in advance for the current pay period, if they didn't get a chance to use them. If you term effective immediately on the last day of the most recent pay period, then you would only return the deposit.

My clients pay in advance and I too take a deposit which comes off their final week of care. If I termed effective immediately, I would have to refund any unused but paid days plus the deposit. If I termed with the required notice period, then they would pay for all but one week (which is covered by their deposit) until the end of the notice period. What mine do say, is fees are due during a notice period regardless of attendance. Both parties (the client and I) can end the agreement with notice but I can end it effectively immediately for late payment, non-payment, behavioural issues or aggressive/unacceptable behaviour by a parent which is directed towards myself, any day care child, or any member of my household.

[kassiemom]

Don't give the money back, no no. You are making yourself available for care and they are choosing not to use it, same if they keep kid home because he is sick. don't feel bad, its not like you terminated because you are filling that spot with someone and making money. chances are you have already budgeted for groceries, crafts etc...

[5 Little Monkeys]

Thanks Rachael!! If I termed immediately I would give the deposit back but not the money for any unused days as I have that in my contract, that no money paid would be refunded. I would however term on the Friday of payment being due for the next two weeks unless it was an extreme case of violence or disrespect.

[Rachael]

Yes, me too.

[Fun&care]

The way I've worded it in my contract, and I'm paraphrasing but it's something along the lines of the deposit being NON-REFUNDABLE and that basically you get it back in CARE not cash. However if I decided to drop a family without notice I would give their deposit back as the care option is no longer available.

If you gave them two weeks notice and they decided to pull out early, then too bad for them. You are offering care but they are the ones choosing not to use it. The deposit is for these exact types of situations.

[Rachael]

The way I've worded it in my contract, and I'm paraphrasing but it's something along the lines of the deposit being NON-REFUNDABLE and that basically you get it back in CARE not cash. However if I decided to drop a family without notice I would give their deposit back as the care option is no longer available.

If you gave them two weeks notice and they decided to pull out early, then too bad for them. You are offering care but they are the ones choosing not to use it. The deposit is for these exact types of situations.

You have to be very, very careful in Canada how you term the conditions for a deposit.

Legally, if you take a deposit for a service, whether that is day care, photography, painting a house or any service related action, then that service must be delivered or the deposit is fully refundable regardless of what your contracts say.

i.e. If a bride and groom pay a deposit for wedding photography and that deposit is held as part-payment for the photography, if the wedding is then cancelled, the service wasn't delivered and therefore the deposit has to be returned. Even if the contract and receipt state non-refundable. If however, your contracts state the deposit is non-refundable and to hold a date/place, that's different. If you hold that place and the parents decide not to come, you can legally keep the money. If you charge a deposit for day care, you cannot keep the money, because the service didn't happen. See?