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Daycare Center and Family Home Forum>Parents Arguing Contract
littlemommy 06:47 AM 11-23-2011
DCB has been here 8 months, and mom signed contract when he started. Her bf is now who I'm working with bc she is in jail for a while. He gave me the check for last week and this week and was grumbling that it was a bit more than he thought it would be. I told him the hourly wage, and he said "okay...but he isn't here every day." I said Thursday is a paid holiday and Friday I get paid because technically I'm not closing, they just aren't coming. He started complaining about how that's not fair because he never got paid holidays until he worked at his place for over a year and didn't get paid vacation until 2 years. Then my 7 free days were a problem because that wasn't enough.

He wants a copy of my contract. I'm almost guessing he'll pull him out after he reads my rules. Sorry, not going to change my policies just because that's the way your job did it. That's the joy of owning my own business!!
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mismatchedsocks 06:52 AM 11-23-2011
Well, sucks he never got paid holidays until he worked a place a year. That has nothing to do with you. Hope he "gets" it when he reads your policies.
Whats in place for Christmas days off?
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littlemommy 06:55 AM 11-23-2011
In my contract it says paid holidays if it's on a day the child is scheduled to be here...so I don't get paid for Christmas this year.
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nannyde 07:19 AM 11-23-2011
Originally Posted by littlemommy:
He started complaining about how that's not fair because he never got paid holidays until he worked at his place for over a year and didn't get paid vacation until 2 years.
Answer: Oh honey don't EVER take a job where they refuse to offer you holiday and vacation pay. Any job that doesn't give you paid vacation until you have been there two years is not a job worth taking. Now that you know how it feels you know better than to accept that.

Parent: But I couldn't GET a job that paid me holiday and vacation pay.

You: I don't have that issue. I have parents agree to paying holiday and vacation before they sign up in the day care. I have to look for the RIGHT parents just like you have to look for the RIGHT job. Little Johnny's mom agreed to holiday and vacation pay just like my other clients. I found the RIGHT one when I picked her.
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wdmmom 07:23 AM 11-23-2011
The mom signed the contract. The mom has to terminate. You don't work for Joe Schmoe. You work for her. This is her request. She signed up for daycare with you, she agreed to pay, she is liable.
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Ariana 09:20 AM 11-23-2011
Funny because the jobs I've had in the past gave me all of those things and so did my husbands. How does his crappy job have anything to do with your business?

Just stick to your guns! I don't think he'll terminate he's likely just a complainer
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SimpleMom 10:29 AM 11-23-2011
hmmmm...What does how long he's worked for a company before beni's have to do with his child there and your beni's? Let's say you've worked in the business for 18 years...Think you earned your holiday/vac pay yet. lol

Does't matter that the child has only been there for x amount of time.
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MarinaVanessa 03:24 PM 11-23-2011
Originally Posted by wdmmom:
The mom signed the contract. The mom has to terminate.
I was just going to say this. If he does mention leaving after reading your contract and policies make sure that you let him know that he needs to talk to the mom and that you require a notice of termination in writing from her in order to cancel the contract. Explain that legally you cannot accept a termination notice from him because his name is not on the contract and he did not sign it. Your agreement is with DCM.
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HeatherJ 06:41 AM 11-24-2011
Actually, not getting paid holidays when you first start a job is fairly normal. If you don't have a degree and you aren't a professional anything, you don't get to pick the jobs with the good pay, great benefits and all holidays off PAID.
I am not defending this guy or anything, but some of you seem to think that paid holidays are the norm for everyone, which is not true.
Can you name some common employers in your area who will hire people without a degree or some professional experience required, and give them all holidays off? Paid??
If you weren't doing daycare where would you be able to go work and still get all the paid vacation and paid holidays?
I guess I could be totally wrong on this, I have only worked for 3 employers in my life, total.
-Waitress (high school and earlier college days) - no money if I don't go to work no matter what day it is.
-Loan Officer (I had an associates degree and that is how I qualified for that position) I got a some OK benefits @ this job, but I didn't earn any paid vacation until I was employed full-time for at least one year. Didn't earn paid sick time until 3 years of full-time employment.
-& finally, Attorney - Yes, I can do pretty much what I want with this one. I worked my butt off and spent soooo much time in school. I freaking earned this. &, still paying for it, student loans - erg.

So, based on my job experience, I don't see how you get paid vacation or even holidays if you don't have some serious experience or a degree. You would most likely need to be with the company for at least a year to earn that kind of thing.
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HeatherJ 06:45 AM 11-24-2011
& just for the record, I totally DO THINK YOU DESERVE PAID TIME OFF. What I was saying is that I DO believe there are lots and lots of jobs out there that do not give out paid holidays or paid vacation.
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nannyde 07:25 AM 11-24-2011
Originally Posted by HeatherJ:
& just for the record, I totally DO THINK YOU DESERVE PAID TIME OFF. What I was saying is that I DO believe there are lots and lots of jobs out there that do not give out paid holidays or paid vacation.
Sure there are jobs that don't have paid time off or vacations when you first start. Some you never get them.

My viewpoint is that when a client starts a home day care just because the provider is new to THEM it doesn't mean they are new to the business. What the parents buy into is a three year experienced provider........ a five year... a ten year........ or in my case thirty plus years.

My experience and my degree command paid time off and holiday pay. You don't get it both ways.......... hire someone who is new to YOU but is very experienced and educated........... and expect to pay them as if they opened their doors when you came along.

Providers that are new allow no paid time off because that's where they are in their proffession. As they become more experienced they EARN the position where they can negotiate the time off they feel they have earned. If they are correct they will get contracts reflecting that.

What providers have a problem with is having parents agree to that when they sign up but renig on that when the day comes to pay. If you want to not pay holiday and vacation then you have to find a provider who is willing to not have that in the agreement or new enough to not know any better or be able to fill their home with clients who will pay.

The "boyfriend" dad who brought up that he doesn't get paid time off isn't in the same station of life as a self employed provider who picks their client base based on who will and won't agree to pay the paid time off. Comparing himself to someone who can work and receive those benefits is a rediculous comparison. If he WANTS to get paid vacay and holiday from the go then HE needs to create a market for his skills so that wherever he goes they KNOW he is deserving of it and offer it from day one OR become self employed so he can take jobs based on him receiving due compensation for holiday and vacation.

When I was a waitress as a teen I didn't get paid days because I didn't earn them. I had the lowest level skill set and could only get low level jobs. When I was a Nanny I negotiated them into my pay. When I was a school nurse they came with the school contract. When I first started doing child care I built in the eighteen paid days I get over time. My incoming clients will pay an additional two per year........... and so it goes.
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nannyde 07:29 AM 11-24-2011
Originally Posted by HeatherJ:
& just for the record, I totally DO THINK YOU DESERVE PAID TIME OFF. What I was saying is that I DO believe there are lots and lots of jobs out there that do not give out paid holidays or paid vacation.
I have been on daycare boards for thirteen years and this comes up every year at Thanksgiving because parents who are part time want to get their three days a week in Monday, Tuesday, and Wednesday and don't want to pay the two paid days on Thursday and Friday.

It's important for providers who do part time to have the parents sign from the go that they will have Thursday and Friday BE paid. This means the week of Thanksgiving they get ONE working day if they are three days a week and TWO working days if they are four days a week.

When holidays are on the weekend you have to have the parents agree that you get a compensatory day off for that day of YOUR choosing.
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AnneCordelia 09:20 AM 11-24-2011
Is it different in the US?
Here in Ontario, no matter how lowly your position, if you work a statutory holiday you get paid time & a half in addition to a day off "in leiu" of. If you do not work the holiday then you get a day's pay for your day off, provided you worked your regularly sheduled shifts immediately before and after the holiday. In that sense, I know that every one of my parents gets paid for statutory holidays and/or gets the day off.
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Meyou 09:47 AM 11-24-2011
Originally Posted by AnneCordelia:
Is it different in the US?
Here in Ontario, no matter how lowly your position, if you work a statutory holiday you get paid time & a half in addition to a day off "in leiu" of. If you do not work the holiday then you get a day's pay for your day off, provided you worked your regularly sheduled shifts immediately before and after the holiday. In that sense, I know that every one of my parents gets paid for statutory holidays and/or gets the day off.
I'm pretty sure stat holidays are covered under the minimum wage standards in Canada. New Year's Day, Good Friday, Canada Day, Labor Day and Christmas Day....I may be missing one. Everyone is entitled to them as long as they work their scheduled shift before and after the stat and your pay is dependant on the average of hours you've worked in the previous weeks. So if you only work an average of 4 hours per shift you would be compensated for a 4 hour shift on the stat.
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Candyland 10:21 AM 11-24-2011
questions...so how can the mom terminate if she is in jail and she still wants your services? Is her bf the one who needs to start up a contract with you?
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MarinaVanessa 10:41 AM 11-24-2011
Originally Posted by Candyland:
questions...so how can the mom terminate if she is in jail and she still wants your services? Is her bf the one who needs to start up a contract with you?
The mom can't terminate unless in writing. If she's in jail all she has to do is write a written notice and mail it. The BF can visit DC mom in jail and give her a piece of paper to write on and then BF can give the notice to DCP. OR the BF can put "money on the books" for DCM so she can get paper, an envelope and a stamp amd she can mail the letter.

If BF really doesn't want to stay at the current DC he could simply tell her he won't pay the DC fees and take DCB somewhere else anyway. Mom might be forced to give a notice to prevent getting stuck with a huge debt.

Or DCM might talk BF out of it and make him realize that DCB is a great place. BF might even read the policies and think that they're fine or he might even start looking at other places and realize that DCB is fine right where he is. Lots if "if's", we won't know until something happens. Until then don't stress
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HeatherJ 11:01 AM 11-24-2011
Originally Posted by Candyland:
questions...so how can the mom terminate if she is in jail and she still wants your services? Is her bf the one who needs to start up a contract with you?
Lots of times, those who are incarcerated will give a close family member (probably her BF, in this case) power of attorney. If he has power of attorney paperwork that gives him the full ability to sign on behalf of his GF, then he can sign termination papers, I would assume. With FULL power of attorney over someone, you can sign any document for that person, you can manage their bills, you have access to their bank account, etc.
The details of what someone with power of attorney can do is written into the paperwork, you would need to review it to determine if he is allowed to sign any document on behalf of the incarcerated girlfriend. & then make copies of it, for sure!
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littlemommy 11:47 AM 11-25-2011
The thing that makes it tricky is, the dad (her boyfriend) has full custody of the child. If he wants to pull him out he'll use that as an argument.
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AnneCordelia 12:31 PM 11-25-2011
If I were you I'd have the custodial parent be contracted to me. You should have him read and sign a contract if he wants to continue care.
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DaisyMamma 10:24 AM 11-29-2011
sorry, a contract is a contract. if they don't like it show them the door, but be super nice about it.
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Unregistered 10:28 AM 11-29-2011
you know its a day when you read this to be..... a contract for arguing parents.......

sometimes I just give myself a chuckle!!!

good golly
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Tags:contract, parents - confrontational, parents - disrespect
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