Contract Question

I am in Ohio. My babysitter is just aweful and I am looking for another one currently but I have to deal with her for now.

So a week ago, I took my daughter out for an entire week so I could go to funeral and viewing for my grandfather. I let the babysitter know as soon as I knew and I let her know that she wouldn't be there for the week.

Two days into the following week, I was told I owed for that week per the contract. I reread the contract and all I saw was something about if the child wasn't there due to sickness. She wasn't sick and there was nothing there about bereavement. Is this technically legal on her part? If so, why?

The lady has breached her own contract more than I can count and I pay her for every sick day my child gets which is almost (but not every time) she goes to that babysitter. Can someone shed light on this please?

[Michael]

Did you ask her what part of your contract that she is enforcing? Also, if she is breaking her own contract, you need to document it and even notify her. You can always go to small claims if you feel the contract supports your position.

[amberrose3dg]

Originally Posted by Unregistered

I am in Ohio. My babysitter is just aweful and I am looking for another one currently but I have to deal with her for now.

So a week ago, I took my daughter out for an entire week so I could go to funeral and viewing for my grandfather. I let the babysitter know as soon as I knew and I let her know that she wouldn't be there for the week.

Two days into the following week, I was told I owed for that week per the contract. I reread the contract and all I saw was something about if the child wasn't there due to sickness. She wasn't sick and there was nothing there about bereavement. Is this technically legal on her part? If so, why?

The lady has breached her own contract more than I can count and I pay her for every sick day my child gets which is almost (but not every time) she goes to that babysitter. Can someone shed light on this please?

I am sorry for your loss. However it most likely does not matter why the child was not there. When i paid for daycare I paid no matter what. Now that i operate one I see why that is necessary. I know i charge what i need to in order to pay my employees, buy groceries, crafts, and other supplies. If it bothers you that much you can pay and cut your losses and move to another daycare. Just beware that they most likely have the same policies. Daycares cannot fill spots on the days that you are not there and lose money.

[Snowmom]

Originally Posted by Unregistered

I am in Ohio. My babysitter is just aweful and I am looking for another one currently but I have to deal with her for now.

So a week ago, I took my daughter out for an entire week so I could go to funeral and viewing for my grandfather. I let the babysitter know as soon as I knew and I let her know that she wouldn't be there for the week.

Two days into the following week, I was told I owed for that week per the contract. I reread the contract and all I saw was something about if the child wasn't there due to sickness. She wasn't sick and there was nothing there about bereavement. Is this technically legal on her part? If so, why?

The lady has breached her own contract more than I can count and I pay her for every sick day my child gets which is almost (but not every time) she goes to that babysitter. Can someone shed light on this please?

It is very common for daycare contracts to be based on enrollment, not attendance. It wouldn't matter what the absence is for, you still take up a spot in her daycare.
We are only allowed a precious few spots and we certainly can't fill them on short notice to make up for any loss (your absence).

[daycarediva]

Sounds like you signed a contract based on enrollment, not attendance.

Why did you normally pay for sick days but chose not to pay for a full week off?

I am very sorry for your loss, but why should your provider lose a week of pay (two weeks before Christmas, too) because of this?

Why else is your provider 'awful'? Just the payment issue? You're going to find that is standard.

[HappyEverAfter]

I am sorry for your family’s loss.
According to my contract, I charge the full rate regardless of attendance and that includes days missed for bereavement. When I opened my daycare, I researched policies on this and found this to be extremely common. Somewhere, I think in the forum actually, I read that it’s like a gym membership- You pay the same price even if you don’t go. That’s how they afford to stay in business.
That said, if you feel you’ve been cheated in that your provider herself isn’t following her own contract, you need to ask her about it. It also wouldn’t hurt to go through the contract in detail and ask her to clarify anything you feel is too vague so you don’t have surprises like this in the future.

[BrynleeJean]

I agree its very common that the daycares usually charge for enrollment, not for the days your child will attend. I suppose if she worded her contract wrong, and you think you could win and not have to pay her and its worth loosing the money in court then do it.

But it sounds like I would put in my kids two week notice and pay her and be kind until we go to our next daycare.