Hello. I work in a UPK center. It's basically a daycare. Anyway, I come in early to be prepared but my aide agreed to do before care. Her before care starts before my time and ends during my prep. I.e. when the kids leave, I start my job basically. She is a bad aide, but I notice she really gets annoyed I don't help with before care. One time, she made a snide comment and I said "I am not punched in". Basically, it's not even my time. She said "I'm not either". I said "Why did you take the kids here?". She gave me a dirty look. Also, she often leaves the room for five minutes at least (usually ten or more). She often tries to help me during before care. I made this mistake once and it was just a ruse for me to watch the children. I was thinking of discussing this with her and going to the director about it. I know the director will not take action if I haven't spoke with her (as I said, she isn't a good aide and there are have been other issues). How would you word this complaint? Also, should I go to the director or just work in another room? I feel like it's unfair my aide agreed to do before care but is always trying to get out of it. I feel like this is known, but no one is doing any thing. For example, one time a parent asked the director if I was in charge of before care or my aide. Yet, she never discussed this with my aide. Sorry for how long this is.

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IME, the only persons behaviors you can change are yours. Maybe instead of arriving early for prep, you stay late, instead?

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Why are you there so early (and not being paid?)??

Can you do whatever it is you are doing in another room? Stay later, or do it over lunch/nap/some other break instead?

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That's often the reality of some daycares. You're not allowed to do any kind of prep-work (like preparing an art project) while working because you're supposed to be watching the kids, so coming in a little early to gather materials, settle in, maybe eat breakfast before clocking in is normal.

I would try to do as much prep as possible outside of that room. Walk in, grab materials needed, walk out. Face the walls/counters as much as possible and don't interact with anyone. If a child comes up to you, after a simple "hi," tell him/her "I'm busy right now. Go ask Ms. ____" and direct the children to the Aide. Be as unpredictable as possible as to when you're in and out of the classroom.

It may be a little mean, but I imagine that she'll try to trick you into staying by sneaking out when you're in there. In that case, you can flat out report her for leaving the children unattended- if you're not clocked in, you're not responsible for the children, and you don't count towards ratio. She should be fully aware of your schedule at this point, so there's really no excuse for it.

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Yet another facet of the "professional" and "teacher" labels. It allows more loopholes with pay, duties and hours for employers.


"Preschool Teachers: Bona fide teachers in preschool and kindergarten settings may qualify for exemption from the minimum wage and overtime pay requirements as “professionals” under the same conditions as a teacher in an elementary or secondary school. Teachers are exempt if their primary duty is teaching, tutoring, instructing or lecturing in this activity as a teacher in educational establishment. It should be noted that, although a preschools may engage in some educational activities, preschool employees whose primary duty is to care for the physical needs for the facility’s children would ordinarily not meet the requirements for exception as teachers under the applicable regulations."

https://www.dol.gov/whd/regs/compliance/whdfs46.htm

OP, are you a salaried employee or hourly?

https://www.dol.gov/whd/overtime/fs17a_overview.pdf

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