Breach of Contract??? What??

[childcaremom]

I don't see how you would be in breach, either. This dcp just seems peeved that she got told no.

Really. She knows about all your conditions and exclusions. And agreed to them by signing your contract and enrolling her children in your care. That you have medically fragile people in your daycare. And she still wants to push it? Is she for real? I don't know about your area but we are bombarded during influenza season with how dangerous it can be for these populations. She has 2 children diagnosed. For pity's sake.

I think you will be in for a battle to get your 2 weeks but I certainly would not want to deal with them anymore. I have no inkling as to how a ruling would go but I think that "breach of contract" is an intimidation tactic on her part to scare you into not pursuing.

[Thriftylady]

I don't see how you would be in breach, either. This dcp just seems peeved that she got told no.

Really. She knows about all your conditions and exclusions. And agreed to them by signing your contract and enrolling her children in your care. That you have medically fragile people in your daycare. And she still wants to push it? Is she for real? I don't know about your area but we are bombarded during influenza season with how dangerous it can be for these populations. She has 2 children diagnosed. For pity's sake.

I think you will be in for a battle to get your 2 weeks but I certainly would not want to deal with them anymore. I have no inkling as to how a ruling would go but I think that "breach of contract" is an intimidation tactic on her part to scare you into not pursuing.

I agree that the provider can exclude for the seven days. I just don't think she will get the two weeks paid. At the end of the day we get to make the final call, but the money is always a different issue.

[Blackcat31]

If the parent chooses to terminate care (for whatever reason) they are still obligated to pay the two week notice.

Payment for a two week notice of withdrawal has nothing to do with the disagreement.
The exclusion policy is what the parent has issues with.

The next legal option the parent would have is to request fees be returned ONLY for time/days the child was excluded. This doesn't mean they are entitled to it; its just the next legal option they have.

The contagious period doesn't matter.
The provider asked that the child not attend.
The provider is the owner/boss.

Past issues and the number of occassions you waived policies and/or made exceptions and went above and beyond are irrelevant. It has nothing to do with now.

The only disagreement I see is payment for the days the parent wanted to bring child and wasnt allowed too. The parent can sue for a refund but would bear the burden proving her argument.

I'd terminate care effective immediately (send written notice) and request payment for the two weeks notice.
Give a date to be paid by.
If not paid, file in small claims court.

[Ariana]

Always get a 2 week deposit in the future and apply it to the final two weeks. So many providers get burned when things turn sour. If you had had a two week deposit you could let them go and still have the payment.

You did nothing wrong, the situation you were in at the time (cancer, immunocomromised, pregnant client etc) gave you full right to extend the amount of time the child was excluded. I am sure it was not fun for mom but it comes with the territory when you have kids in home daycare. I once had to exclude a child for lice for two weeks! Her other daughter went off to school full of lice and nits passing it on to all the other kids. Not happening at my house! i also excluded a child for 7 days for diarrhea. The Dr told the parents that it was from something she ate. I have no idea what she could have eaten that would give her diarrhea for 7 days or how a DR would even know that. The Dr was either a moron or the parents were lying to get her back in care.

[Leigh]

Thrifty Lady, How long would you exclude for Influenza, knowing they are contagious for 1 day prior to symptoms and 5-7 days after?

I feel I would be doing my other families a big disservice by allowing a child to attend who is still contagious with a possibly serious illness. I can't get past that.

I would exclude the same as you do. Influenza lasts a long time. They couldn't return to my home until there is a reasonable certainty that they are no longer contagious.

[crunchymama]

If mom is the type to retaliate then she will do it whether or not you push for the 2wks pay. I'd see her in court and let the judge decide. Based on the info you gave, it looks like you were within your rights and contract to exclude for as long as you felt necessary. Send a certified letter stating how much is owed and a due date as well as how much late fees will be if not paid by due date.

[Snowmom]

I agree with the last few PP.
I tend to exclude longer than other providers in my area for illnesses I deem highly contagious.

When a parent reaches out to me (and I'm in the same state as you) to report an illness, I save a PDF/email the illness fact sheet.
The link is here in Section 6:

http://www.hennepin.us/childcaremanual#Sec9

I would stick to my contract and be very factual/non-emotional about it. Keep repeating the same line (ex; As stated in my contract that you signed, a written two week notice is required and payment for those two weeks is expected on X). If she keeps pushing it with you and wants to confront the issue after that, then I'd block her calls and send a certified letter containing what is owed, services rendered, dates and timeframe you expect to be paid.

[Leigh]

I agree with the last few PP.
I tend to exclude longer than other providers in my area for illnesses I deem highly contagious.

When a parent reaches out to me (and I'm in the same state as you) to report an illness, I save a PDF/email the illness fact sheet.
The link is here in Section 6:

http://www.hennepin.us/childcaremanual#Sec9

I would stick to my contract and be very factual/non-emotional about it. Keep repeating the same line (ex; As stated in my contract that you signed, a written two week notice is required and payment for those two weeks is expected on X). If she keeps pushing it with you and wants to confront the issue after that, then I'd block her calls and send a certified letter containing what is owed, services rendered, dates and timeframe you expect to be paid.

[NightOwl]

Oh, you're totally good. You've got it all covered in your policy. I would definitely go after the last two weeks. I wouldn't exclude for another 5 to 7 days after the fever was gone, but I think I would excluded for more than just 24 hours fever free. Maybe 48. But that's personal preference. And because you have the clause in your contact (that they signed!) that you get to make the final decision, there's no breach of contract on your end.

[MrsSteinel'sHouse]

I had this happen this week too. Dr wrote a note that she could return 24 hours after temp. Mom said flu but she wasn't swabbed soooo she stayed home an extra day but was truely fine. She fully participated and had no symptoms. So I do not think she had influenza. My neighbor had it (swabbed) and she truely was sick for the full week! And the doctor had her off for the full week. I have one out right now that was swabbed and the doc said out for the week.
So, I am making sure my policy states for the flu, they must be out the full week.
Always tweaking. I do not have that siblings must be out... I don't know if I can make that one happen. That would be a dream... honestly though, the sibs I have now don't get each other sick.
I do have that I will not care for a child 24 hours after they are released from the hospital or emergency room. Just one for other people to consider. It may seem like common sense but had a parent try...

[Blackcat31]

I had this happen this week too. Dr wrote a note that she could return 24 hours after temp. Mom said flu but she wasn't swabbed soooo she stayed home an extra day but was truely fine. She fully participated and had no symptoms. So I do not think she had influenza. My neighbor had it (swabbed) and she truely was sick for the full week! And the doctor had her off for the full week. I have one out right now that was swabbed and the doc said out for the week.
So, I am making sure my policy states for the flu, they must be out the full week.
Always tweaking. I do not have that siblings must be out... I don't know if I can make that one happen. That would be a dream... honestly though, the sibs I have now don't get each other sick.
I do have that I will not care for a child 24 hours after they are released from the hospital or emergency room. Just one for other people to consider. It may seem like common sense but had a parent try...

I don't exclude siblings either as they rarely get the same illnesses but when it comes to severe illnesses such as Influenza I DO exclude siblings simply because I don't want anyone from that family carrying the germs into my house.

Colds, stomach bugs etc .....no issues with healthy siblings...those types of germs are everywhere but the more serious ones, I have to exclude. Too many compromised immune systems here.