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  #1  
Old 12-07-2015, 09:54 PM
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Default Paid Vacation Time After Terminating Contact

On Dec 4th I gave two weeks written notice that Dec 18th would be the last day I would be using the DCP. She told me today that I have to pay for not only the two weeks I gave notice, but also the following two weeks since she would have been closed anyways.

What am I missing? Why would I pay for services I'm not getting and I'm not requesting the spot be held? I've arranged for other day care.

The part that really has me irked is that I made a conscious decision to give notice four weeks later because I wanted her to have six more weeks of income rather than just two. She has open spots so I know I wasn't using a spot she needed for someone else.

It's too late now, but should I have given notice Nov 6th for a Nov 20th last date just to avoid this whole "You need to pay while I'm closed over Christmas" discussion?
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  #2  
Old 12-08-2015, 06:17 AM
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On Dec 4th I gave two weeks written notice that Dec 18th would be the last day I would be using the DCP. She told me today that I have to pay for not only the two weeks I gave notice, but also the following two weeks since she would have been closed anyways.

What am I missing? Why would I pay for services I'm not getting and I'm not requesting the spot be held? I've arranged for other day care.

The part that really has me irked is that I made a conscious decision to give notice four weeks later because I wanted her to have six more weeks of income rather than just two. She has open spots so I know I wasn't using a spot she needed for someone else.

It's too late now, but should I have given notice Nov 6th for a Nov 20th last date just to avoid this whole "You need to pay while I'm closed over Christmas" discussion?
I don't know..... it does seem weird

What specifically does your contract say about withdrawals and notices?

I know some providers don't just take specific days off and paid holidays but instead do accrued PTO time... perhaps that is what your provider is doing? But even so, it should explain that in your contract/handbook so I'd start there.

Unless there is something written that you agreed to and signed in regards to paying for specific holidays and/or vacations, I think you may be correct in thinking you only owe her the two weeks up until the 18th.
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Old 12-08-2015, 06:28 AM
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It seems that you purposely chose this to avoid vacation pay.Provider has set time and if you were enrolled for at least 3 months I think she is right..The contract should spell it out..My contract read that if you were here in April then summer vacation was paid.Are you attending through your 2 week notice? If yes then provider should be paid her vacation.
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Old 12-08-2015, 06:30 AM
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Does your contract state 2 weeks notice is required, or 4?
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Old 12-08-2015, 06:33 AM
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If she wasn't wise enough to require accrued paid time off, she looses the holiday pay. After she gets burned by parents leaving right before paid time off, she will wise up.

Not only does she loose pto, she looses a kid over pto.

Providers need to wise up and REQUIRE by contract parents pay for their child's holiday and vacation pay up to the termination date. With my contract you would have had to give a month notice which is only received on Fridays AND paid any unused accrued paid time off. With the date you gave notice you would have owed me eight days on top ofthe month notice.

When.you disincentive leaving to avoid paid time off, you retain clients through the high pto use time between thanksgiving and Christmas. When I changed my requirements it stopped cold losing kids at the end of the year.
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Old 12-08-2015, 06:35 AM
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Originally Posted by rosieteddy View Post
It seems that you purposely chose this to avoid vacation pay.Provider has set time and if you were enrolled for at least 3 months I think she is right..The contract should spell it out..My contract read that if you were here in April then summer vacation was paid.Are you attending through your 2 week notice? If yes then provider should be paid her vacation.
Can you elaborate on this?

Why would someone owe you for services in the summer if they ended care in the Spring?

I am sorry but I am not understanding the 3 months enrollment thing either?
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  #7  
Old 12-08-2015, 06:37 AM
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Originally Posted by nannyde View Post
If she wasn't wise enough to require accrued paid time off, she looses the holiday pay. After she gets burned by parents leaving right before paid time off, she will wise up.

Not only does she loose pto, she looses a kid over pto.

Providers need to wise up and REQUIRE by contract parents pay for their child's holiday and vacation pay up to the termination date. With my contract you would have had to give a month notice which is only received on Fridays AND paid any unused accrued paid time off. With the date you gave notice you would have owed me eight days on top ofthe month notice.

When.you disincentive leaving to avoid paid time off, you retain clients through the high pto use time between thanksgiving and Christmas. When I changed my requirements it stopped cold losing kids at the end of the year.
See, your method makes sense to me... I don't know maybe because you've explained it a few times here but I am not understanding the OP's situation or Rosieteddy's ....

I need more explaining....
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  #8  
Old 12-08-2015, 06:38 AM
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I've never given any thought to "accruing" paid vacation time. If parents give me their written 2 weeks notice and pay that out, I'm satisfied.
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  #9  
Old 12-08-2015, 07:06 AM
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I've never given any thought to "accruing" paid vacation time. If parents give me their written 2 weeks notice and pay that out, I'm satisfied.
This is what I do right now.
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Old 12-08-2015, 08:28 AM
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It was in my contract Jan -Dec.I took two weeks pd vacation and if child attended from at least April then I was owed the vacation. I never had a problem.Teachers followed a different contract.I was paid for three weeks school vacation(child did not attend).They would pay two weeks applied to first two weeks for new school year if not attending during summer.This was after 20 years running my business.
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Old 12-08-2015, 09:27 AM
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Originally Posted by rosieteddy View Post
It was in my contract Jan -Dec.I took two weeks pd vacation and if child attended from at least April then I was owed the vacation. I never had a problem.Teachers followed a different contract.I was paid for three weeks school vacation(child did not attend).They would pay two weeks applied to first two weeks for new school year if not attending during summer.This was after 20 years running my business.
I can see that if it's in your contract. If it isn't, I don't see anything wrong with what the OP did, if all that is required is a 2 wk notice.
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  #12  
Old 12-08-2015, 10:09 AM
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Quote:
Originally Posted by rosieteddy View Post
It was in my contract Jan -Dec.I took two weeks pd vacation and if child attended from at least April then I was owed the vacation. I never had a problem.Teachers followed a different contract.I was paid for three weeks school vacation(child did not attend).They would pay two weeks applied to first two weeks for new school year if not attending during summer.This was after 20 years running my business.
Gottcha.... just wasn't understanding what you meant but I got it now. Thank you!
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  #13  
Old 12-08-2015, 01:08 PM
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The only requirement is two weeks notice.

Maybe if I consider it accrued PTO in my mind and throw in some Christmas spirit it won't be so unpalatable. Part of the reason I'm leaving is the number of days she takes off and somehow always has an excuse that it is covered in the contract and I have to pay for it. I don't see it, but she insists that it is there.

She also "lost" my cash deposit and insisted I pay it again. Yes, stupidly I trusted her and didn't get a receipt. I supposed I'm just learning the hard way, and the expensive way, with this DCP.

How do you argue with "it's in the contract" when it is cheaper to give in than to get a lawyer to fight it?
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Old 12-08-2015, 01:26 PM
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How do you argue with "it's in the contract" when it is cheaper to give in than to get a lawyer to fight it?
I would ask my provider to show me where it is in the contract. She has to provide the proof if she is saying it.
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Old 12-08-2015, 01:29 PM
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Do you have a copy of the signed and dated contract? If so and it doesn't say that you don't have to fight anything. If you are sure that is what it says just don't pay it. She can take you to court if she chooses, but will have to show the judge where it does say that in the contract. How did you pay the deposit? Did you pay in cash or check? If you paid by check you have proof and hopefully you wrote deposit on it.
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Old 12-08-2015, 01:38 PM
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I would ask my provider to show me where it is in the contract. She has to provide the proof if she is saying it.
She does point to the contract and says "This means that". Uh, well, OK. That's not how I interpreted it.

This whole thread is another difference of opinion. If she had in there about accrued PTO and three month rule then it would be different, but she doesn't. It just says "I take time off over Christmas and I get paid".

And sadly I paid my deposit in cash. I quickly learnt to pay her by cheque as she'd "forget" that I gave her the cash.
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Old 12-08-2015, 02:00 PM
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I think its always best to go over contracts together.My clients always knew what was expected. Better to go over before problems arise. I started out in this business with no contract.After trial and error I spelled everything out.Parents always had the choice not to choose my home. As far as cash goes always best to get receipt...
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Old 12-08-2015, 02:04 PM
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She does point to the contract and says "This means that". Uh, well, OK. That's not how I interpreted it.

This whole thread is another difference of opinion. If she had in there about accrued PTO and three month rule then it would be different, but she doesn't. It just says "I take time off over Christmas and I get paid".

And sadly I paid my deposit in cash. I quickly learnt to pay her by cheque as she'd "forget" that I gave her the cash.
Sounds like you have learned many lessons as far as payment. For the future, if you pay cash get a receipt. I always give my families one if they pay in cash and offer one if they pay by check. Many times with check they don't want it but they know I will give it.

As far as the other, I would just pay the two weeks and call it good. I wouldn't pay the vacation. If the contract says two weeks and you gave it and are paying it, then you have done your deal. If she takes you to court, the judge will decide. But if her contract is vague or the stuff isn't there you will most likely win. Honestly if I was in your shoes, I would fulfill my two weeks notice and move on. I say this of course based only on what you have said the contract contains.
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Old 12-08-2015, 02:17 PM
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She does point to the contract and says "This means that". Uh, well, OK. That's not how I interpreted it.

This whole thread is another difference of opinion. If she had in there about accrued PTO and three month rule then it would be different, but she doesn't. It just says "I take time off over Christmas and I get paid".

And sadly I paid my deposit in cash. I quickly learnt to pay her by cheque as she'd "forget" that I gave her the cash.
Well, honestly my advice is probably not the popular one but I would pay the two weeks to cover the notice period you gave but I wouldn't pay for the vacation weeks.

I would let her do whatever she felt she needed to do in order to collect it but I certainly wouldn't be paying it willingly based so what you've said here so far.

As the "author" of her contract and policies she bears the burden of proving she has a right to collect that amount.
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Old 12-08-2015, 02:57 PM
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Well, honestly my advice is probably not the popular one but I would pay the two weeks to cover the notice period you gave but I wouldn't pay for the vacation weeks.

I would let her do whatever she felt she needed to do in order to collect it but I certainly wouldn't be paying it willingly based so what you've said here so far.

As the "author" of her contract and policies she bears the burden of proving she has a right to collect that amount.
Yep!!!!
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  #21  
Old 12-08-2015, 03:06 PM
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Well, honestly my advice is probably not the popular one but I would pay the two weeks to cover the notice period you gave but I wouldn't pay for the vacation weeks.

I would let her do whatever she felt she needed to do in order to collect it but I certainly wouldn't be paying it willingly based so what you've said here so far.

As the "author" of her contract and policies she bears the burden of proving she has a right to collect that amount.


I hope you have a better experience with your next provider!
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