Breach of Contract?

[Unregistered]

The daycare I send my child to has modified their hours due to Covid. They have cut 1 hour in the morning as well as 1 hour in the evening. It’s been almost a year and they haven’t changed back to original timings. The time is not working out for us as both of us have to commute. Their original contract that we signed says the time pre Covid (6.30am to 6pm) even though they are only operating 7.30am to 5pm. They keep promising that they will extend the time but they don’t. I found another daycare with extended hours that can take her but she needs to start next week or her current place will charge us for the month. Can we leave without giving notice? If they are not sticking to the hours, are they in breach of contract?

[Alwaysgreener]

The daycare I send my child to has modified their hours due to Covid. They have cut 1 hour in the morning as well as 1 hour in the evening. It’s been almost a year and they haven’t changed back to original timings. The time is not working out for us as both of us have to commute. Their original contract that we signed says the time pre Covid (6.30am to 6pm) even though they are only operating 7.30am to 5pm. They keep promising that they will extend the time but they don’t. I found another daycare with extended hours that can take her but she needs to start next week or her current place will charge us for the month. Can we leave without giving notice? If they are not sticking to the hours, are they in breach of contract?

I don't feel that change of hours is a breach of contract.

What does the contract say about giving notice? Most providers ask for 2-4 week notice. Please check the contract for notice requirements.

[Cat Herder]

It would depend on the notice you are supposed to give per the contract. There is no current breach because you were given notice, accepted it, and continued to attend. COVID is still here.

I would not be willing to offer those long hours, again, either. That is a lot of time for a little kid to be in a noisy environment without personal space every day; if they are there open to close. 10 hours is the absolute max here for developmental reasons.

I'd just want to know when her last day would be so I could let the next family on the wait list know they can start.

The most common scenario is that if you give no notice, you may lose your deposit. Some still have to pay the two week notice if they did not pay up-front.

[Jo123ABC]

You want to leave your kid in daycare for 11 and a half hours per day? I also would say they are not breaching contract considering you agreed to the special pandemic circumstance change. If your policy requires notice of more than 1 week, you should honor it.

[Unregistered]

They changed their hours when covid hit and kept promising they would extend and never have. If you promise something and then don't do as you as you say, then parents are going to be unable to trust you. I agree with the parents having to find new care because they felt like they were having promises being broken

[Jo123ABC]

Whatever makes you sleep better at night. I know I wouldn't ....if I knew I spent the bare minimum amount of time with my child and thought it was acceptable to leave someone who spends far more time raising them than I do without a paycheck without notice.

[Blackcat31]

As a provider I have tried my best to adhere to rules imposed upon me by licensing due to how the state and federal government says we must. It’s not always up to me.

I’ve changed policies and routines numerous times during this pandemic and none of those changes were my idea.

This pandemic is causing issues for everyone..

My advice is instead of blaming the child care for not meeting YOUR needs why not see their point if view and try to understand they are looking out for you/your family health but instead you’re worried about not being able to keep your child in care for super long days...

I’m so over the entitlement and selfishness of parents during this pandemic.

Pay your old provider the two week notice and move along.

[e.j.]

I'm not sure about a breach of contract. The others have made a good point when they say you were notified of the change in hours and continued to bring your child there. I also understand that the hours may not work for you since your jobs come with a commute time that makes it difficult to keep your child enrolled at the same day care but leaving without notice really isn't the right thing to do. Have you spoken with your provider and explained your situation? If a parent came to me under the same set of circumstances and respectfully asked if I would release them from the terms of the contract given the circumstances, I might do that or at least find a way to work with them that's fair to both of us. The pandemic has really caused problems for so many of us. Compassion and understanding on everyone's part can go a long way right now.

[Snowmom]

I truly hope that child isn't in a facility 11.5 hours a day, 5 days a week. That's insane.

No, they didn't breach your contract if notice was given and you agreed (agreed=staying enrolled and using the service!!).

Pay the notice and move on.

[daycarediva]

I have a 10 hour day/max on each child's contracted time.

We shortened hours due to the increased cleaning requirement. At that time, I gave families the option to leave or sign a new contract.

If you remained, you would most likely be contractually obligated to give notice or pay for the notice period if you leave early.