Judy Trickett - help me out here :) - who is correct regarding daycare closure & pay

[lori123]

Hi everyone,

Can I get everyone's two bits on this issue? I'm hoping Judy T will see the post and reply too because I really appreciate her sense of reason, humour and no nonsense "sensible thinking". (I love your blog, Judy....lol, I'm a fan!)

I have a contract stating that I am closed from December 24th onwards to the first opening business day in January. I ask for no payments during this time except for the three stat days (Christmas/Boxing Day/New Year's) at full rate pay, regardless of when they fall on the calendar year (ie even on a weekend) or if the child is regularly scheduled to come.

I have a few teachers as clients and this year because of how the holidays work out, the board of education has asked teachers back to work on January 9th. I am open as of Tuesday, January 3rd (or is everyone back on the 2nd? Maybe I should switch that! let me know too). The parents want me not to charge them for that week of January 2/3rd at all because their business is not open (ie. the schools)...I'm asking them to use either their holiday or pay half day rate if they are out of holiday time.

I was surprised that school is off for an extra week this year...my husband is back to work on the 2nd of January....aren't most people out there too?

Am I wrong? Am I right? What should I do, Judy? LOL Let me know what you guys think....Thanks in advance!

[Sandbox Sally]

I'm not Judy, but I'm pretty sure that January 2nd is a stat holiday.

[lori123]

yes, that is why i am keeping closed until january 3rd,....are you open on the 3rd too? thanks for your input too alpha!

[playfelt]

Other than some schools, most stores and businesses will be back to work on Jan 3. Some of my parents actually start Jan 2 adn instead were given the Friday before as the New Year's stat which means using Tuesday for Christmas so off Dec 26, 27, and Dec 30. Then allowed to use two days of annual leave to cover the Wed and Thurs for a whole week off. Since most of my parents are taking time off between Christmas and New Years but still paying me I am starting back to work for Jan 2 too.

[Crayola kiddies]

Well the stat is actually the first of Jan but because it is a Sunday you get the Monday in lieu of....the school board is not giving an extra week there is still two full weeks off it just depends on what day of the week Christmas falls on. So I guess it would depend on how you originally set up their particular contract.... I had a teacher once before and our agreement was they had to pay for Christmas and march break and two weeks summer holidays and if they wanted to come back in sept they had to take their chances that I would have space or pay for a part time space.

[mom-in-alberta]

My kids are not back to school until the 9th also. But, they also stay in school until the 22nd! So its the same timeframe, just later.
Personally, I get paid for stats, 10 holiday days and 4 personal days in the calendar year. The way that Christmas works this year, I will be off between Christmas eve and New years, and only need to take 2 days of holidays. I will reopen on Jan 2nd. Any parents that are off after that will have the option of bringing their child. I should hope that if they are home, they would like to spend time with them. If they do not bring their child, they will still pay the fee.
When it comes to holidays, I explain to parents that I charge a regular, flat rate that is slightly LOWER than I would if I was to take UNpaid holidays. That way, we can all budget, instead of paying fluctuating fees. It's easier for everyone.

[Judy Trickett]

Can I just say ...WTH???????

Why do THEY get to tell YOU when they will pay?? No way in HELL........They pay or they are GONE. Period.

Yes, most people are taking off January 2nd in lieu of the stat of New Years Day.

Seriously, where do these people get off telling you they won't pay for it just because THEY aren't working?? Would they call and tell the gym they aren't paying for their membership one week in July because they are going on vacation and won't be needing it?

This is ridiculous.

They pay or they no longer have daycare.

ETA: Oh, and BTW, if you are having issues with then then demand that they give you a post dated cheque for the amount they own the week of Christmas when you are closed. Because I can see them coming the week after that and refusing to pay for it. Get it in advance.

[DaycareLulu]

I am surprised they didn't discuss this issue with you when they first signed up with you! It's usually the first thing teachers ask, whether or not your require to be payed when they are off work.
It's our business, so we get to decide what kind of deal to offer to teachers. I offered my one teacher parent that she didn't need to pay me for the Christmas break and March break because I was desperate to fill one of my spaces, but I don't think I will ever do that again. There are lots of different ways to handle teachers and their breaks, most of which are discussed on different threads. If you have the rule that when you are open, they pay, then you should stick to this rule or you could work some other deal out with them.

[lori123]

Right on, Judy! Thanks for knocking sense back into me....of course, you are completely correct - thanks again! Love the gym analogy! Ok, I gotta ask, is that really a picture of you? I find your writing extremely witty and entertaining and have laughed outloud so many times reading your blog and no-fluff zone! Thanks for the entertainment!

Thanks to everyone that responded - I feel much, much better about the situation. I really appreciate all of your comments and advice.

I spoke to both sets of teacher parents tonight and they both backtracked when I pulled out the contract which states clearly that I am closed from December 24th until the first business day in January, which they both signed off on.

Unfortunately all the holidays are on weekends this year and we don't get any days "technically off in lieu" and it just works out this year that its less time overall. Judy, I am truly confident that both will pay as they do already both upfront in monthly installments, so I am not worried that they will run out on me.

You guys are all right - yes, teachers get two weeks off in total - its just how the holidays fall that the non-teaching world has to go back to work on January 3rd. Its time to think about applying to teacher's college sooner than later! Have a great night and thanks again for all the replies! ((hugs to all my fellow daycare providers!))

[playfelt]

I can see though where the wording of your contract is open to interpretation. Whose return to business day. They return to business Jan 9 and could assume that is the day they pay from. I would be ammending the wording of the contract for the future. If you take off only a week at Christmas then state it that way that you will be open the first day following the stat.