T.A. asks from Brooklyn, NY on October 13, 2009
Unfair Payments and Holidays
I work in a group family day care and my boss closes on days like veterans day, columbus day, the day before thanksgiving , thanksgiving itself and two weeks in christmas most of these holidays she says that the city doesn't pay her so she doesn't pay the employees is this true she doesn't get paid or is she just making up these little stories because she just wants to keep her money...A CONCERNED EMPLOYEE
1 mom found this helpful
So What Happened?™
I asked several day care providers some were reluctant to tell me but a few were honest and told me that they get paid for all government holidays that fall on weekdays and the closing don't affect those who don't work in government offices...
A.D. answers from New York on October 16, 2009
Dear Theresa, I worked for the Bd of Ed for 13 years and we never got the day off before Thanksgiving or more than 10 days for Christmas. Full time workers did get paid and part time maybe not. You should look into this. I know jobs are not easy to come by these days but you should know the truth. Grandma Mary
G.S. answers from New York on October 14, 2009
Both of my girls were in daycare & anytime they were either sick or the center was closed for a holiday or vacation we were still charged. Therefore, I think that you should be reimbursed. You may want to run it by someone at your State Labor Dept. Good luck!
1 mom found this helpful
D.S. answers from New York on October 13, 2009
I own a childcare center and although I am not sure what her policy is I know parent's pay me monthly and do not get deductions for holidays. I do pay my employees for holidays. However, in the summer we close for one week and the rate for that month is pro-rated so parents do not pay for that week. I do pay my employees for the week once they have been with me for one year. I doubt that she is not getting paid for the holidays, but the two week closure may be a different story.
C.H. answers from New York on October 14, 2009
Paid holidays are considered an employee benefit. Employers are not required to provide them. However, if they provide paid holidays to some employees and not to others who are in the same type of employee status/job classification, there is a chance the employer could possibly be acting in a discriminatory way. My guess is that if she is not accepting children on certain days due to holidays, then she is not receiving income for those days, but regardless of that, the question is probably a moot point.
N.B. answers from New York on October 14, 2009
I don't know about the issues surrounding a group family day care but I own a preschool and parents pay whether they come or not because tuition (and this may apply to day care also) is calculated as a yearly amount and broken into 10 equal payments for the school year. So some months we have no holidays like this past March and then the next month there is a week off. It all balances out. This also covers sick days. When you enroll I hire teachers based on enrollment, if your child doesn't come on a day I still need to pay my employee to be there.
Employers are not required to pay for holidays. Some do and some don't. It would have been in your original contract stating whether or not you are paid for any holidays or not.
Everyone can have different packages, it's up to the employer and what the situation was when they were hired and what the employee signed and agreed to as a contractual agreement.
A.P. answers from New York on October 14, 2009
I find it odd. My daycare provider takes these days off, but we still pay. She even takes a paid vacation week off in August!
M.K. answers from New York on October 14, 2009
I am not sure what you mean when you say 'The city doesn't pay her'.
All the daycare providers I used, and with 4 kids there have been a fair amount, had it as part of their registration information the holidays that they were closed, and whether we were expected to pay for these days. With few exceptions we paid, just as we paid if our child was sick and not attending.
In the same manner, most employers have a list of days that the work place is closed, and should provide the employees with information as to these closings being paid or unpaid. Laws vary depending on the size of the company and the status of the employee (salary or hourly).
If you are that concerned, ask her for a printed employer/employee Holiday sheet indicating holidays and if they are paid time off or not.
V.M. answers from New York on October 14, 2009
You can always call the city/town and check the payment schedule. You can also call the labor board for advice, the number is in the phone book, probably in the government section.
R.J. answers from New York on October 14, 2009
Here is your answer. She is not required by law to pay you. And particularly if she owns a small business under 25 employees, they are subject to different rules and laws than a bigger company.