Teachers ONLY daycare AND stat holidays

[Suzie_Homemaker]

Hey!

I made the switch to just having teachers and operating only from Sept - June. I am closed (without pay) during Winter break, March break and July/August.

Here's my question: I have in my contract that I am paid stat days and list them. I only listed the stat days for which I am OPEN. Therefor, Dec 25, 26 and Jan 1 were not included. Is that the norm in this situation?

I am beginning to think perhaps I should have included those stats even though they don't pay for the 2 week winter break - thoughts? I am screwed for those 3 days now, but at least I can update for Fall 2016 if I need to. I don't know what I was thinking until after it was signed.

I don't understand why stat days are relevant over Christmas if you not open anyway.

There is no norm - few provider operate for teacher only. Small minority. Those who do locally, close for summer, not Christmas and March Break so where they open Christmas, those stat days are relevant. But you said you closed anyway.

I know I wouldn't pay for stat days when my provider wouldn't be working the week before or the week after. You are not screwed for those 3 days now 'cause you not entitled to them when you aren't working - you aren't charging for Canada day in July when you are closed, why you think people will pay for Christmas closing stat days too?

Also, Boxing Day not a stat day in every province so might be a non-issue anyway.

[sandylynn]

I don't understand why stat days are relevant over Christmas if you not open anyway.

There is no norm - few provider operate for teacher only. Small minority. Those who do locally, close for summer, not Christmas and March Break so where they open Christmas, those stat days are relevant. But you said you closed anyway.

I know I wouldn't pay for stat days when my provider wouldn't be working the week before or the week after. You are not screwed for those 3 days now 'cause you not entitled to them when you aren't working - you aren't charging for Canada day in July when you are closed, why you think people will pay for Christmas closing stat days too?

Also, Boxing Day not a stat day in every province so might be a non-issue anyway.

Suzie_homemaker...is this not the same as the stat holiday falling when I am on vacation and the parent said I must work the day before and the day after to get paid for the stat? You mentioned if she wanted to follow labour standard laws then I should charge her min wage?????? That we do not fall into that category?

[Suzie_Homemaker]

Suzie_homemaker...is this not the same as the stat holiday falling when I am on vacation and the parent said I must work the day before and the day after to get paid for the stat? You mentioned if she wanted to follow labour standard laws then I should charge her min wage?????? That we do not fall into that category?

Sandylynn - you not understand. No, not same as a stat falling when you on vacation - you pulled that from nowhere.

You are mixing up two entirely different questions on two entirely different threads.

We are not employees. Labour standards do not apply to us. We don't have the protection of min wage and all those regs and rules. The thread you referred to, should you go back and read it again, was about a parent who said you must work the days before and after a stat to get paid for those. This would be accurate if you were an employee but you are not. However, my reply said that if a parent wanted to apply labour standards and view you as an employee, they should be aware that ALL labour standards would apply inc min wage.

Employee = labour standards. Self-employed = no labour standards.
Employee = must work both sides of stat to be paid. Self-employed = paid as per contract
Employee = min wage. Self-employed = no such luck

BUT none of that is anything to do with the question of this thread.

This particular provider mirrors the school board calender. She isn't available all of Summer and her contracts said she doesn't get paid for it. So, she doesn't get to apply a fee for Canada Day which is smack bang in middle of period her service not available and where no fees are due. Her business is totally closed.

Likewise, March Break and Christmas Break, her business is totally closed. She not available. And therefore, because she closed and because she not charging over Christmas, she not entitled to get stat days either.

Sure, she can try and charge but far from her "being screwed" I think she would be screwing parents. She is closed. She has opted not to work or be available. Her contract is specific, no pay for when she closes down her business. So that means stat days too.