Unregistered 04:01 AM 11-07-2012
Has anyone had any experience with their daycare seeking full payment when closed for an unusually long period of time as a result of a natural disaster? In my case, Hurricane Sandy caused my child's daycare to lose power and close for 8 days in a row, so far. I am an attorney and I understand that my contract calls for payment due to closures that result from an act of God, daycare center still has to pay its overhead, etc. However, there comes a point in time when payment to the provider would be unconscionable in light of the prolonged lack of service. My provider does NOT pay their staff when closed. The tuition for almost two weeks of closure would, for the most part, be a pure windfall for the owners. Can anyone who has gone through a similar circumstance share your experience? Thanks.
Blackcat31 06:22 AM 11-07-2012
I have never experienced what you are referring to but as an attorney, I would assume that you know better than anyone that whether you agree with a rule/policy or not but still signed agreeing to it, that is is enforceable and legal.
While it may not be ethical or morally right, the contract you signed should be adhered to.
While Super Storm Sandy put alot of people out and caused a whole myriad of unique issues and problems, the child care center had no way to know this was going to happen when they wrote their policies any more than you did when signing the contract so I think the best course of action for you would be to simply talk with your center and see if they are willing to work out an agreement that works for both parties.
If they aren't willing to (and they are in no way obligated to do so) then you have to decide whether or not you want to remain at that center or not.
If you really really like the place and your child is well cared for, I don't really see having to pay two-weeks tuition as a deal breaker. ONLY you can decide that for you, your family and your child.
I wish I had better advice for you, but no one planned or was prepared for the aftermath of Sandy. Best wishes to you in figuring out what you want to do next with this situation.
itlw8 11:50 AM 11-07-2012
hopefully they will be paying their staff in this situation. most childcare staff make low salaries