Advice regarding paid vacation

[Suzie_Homemaker]

I thought the general rule was prorata? 3 months = 2.5 days, since she already took 3 days, I don't owe her anything?

For an employee, yes. But day care providers are not employees, we are self-employed, which why parents not pay min wage for each hour of care.

If her contract say 10 days a year, then she get 10 days a year but I do agree, where only there 3 months, expecting full year vacation pay has to be clearly stated in her contract.

It not matter how long child in care when it comes to termination - the notice period is whatever was agreed for both sides.

You must check your contract carefully to see if it says that 10 days paid vacation is owed by all and follow contracted agreement exactly.

If this turn nasty and you end up in court, it will be the contract that is used. I would suggest not mentioning the pro rata calculation in court because that implies you are using Labour standard rules which are for employer/employee relationship and if judge feels you believe she is your employee, he can apply min wage for the duration of the employment term and you will end up owing the under payment.

Decide very carefully if you want her treated as employee or if you want stick to the independent contractor/self-employed contract where she not protected by Labour Standards and min wage. But you can't mix and match the rules to suit yourself. She's one or the other.

Go back your contract and read it very, very, carefully and see if it says that all 10 days vacation are due regardless of length time in her care.