Can I be Charged?

Question

My wife works at a day care where my son attends Pre-K. She has not been to work for 4 weeks due to medical problems. We have yet had to pay since she has been an employee. Today her boss had an attitude with me about her not being at work and we explained she had 2 surgeries back to back with in a week and provided all notes from the doctors. She had stated that the owner ( Her mother ) said that since she was not at work we would have to pay for his pre-k. Now his pre-k is state funded and the school charges 20.00 per week for lunch. She hit me with this 140.00 bill and said it was past due. Being she had never charged us before can she legeally start now? I will be calling the local BBB to get their opinion as far as im concerned she can take me to small claims court.

Answer 1

Your wife's boss' attitude toward's your wife's illness is unfortunate, but what you are describing as far as free daycare for your son is standard practice.  

The Center is under no obligation to provide free day care to your son if your wife is not working.  In fact, most centers are reluctant to provide even discounted daycare to their employees children.

Answer 2

does your wife qualify for family medical leave? FML act requires employers to give this for extended illness. and if her work is cut, then she may have some legal angles to persue. also, state-funded preschools should be offering FREE lunch, as the USDA CACFP program pays for school lunches. hmm, is the preschool receiving food money? (it should if state-funded). if you pay based on a sliding scale, lunch would NEVER cost over $2.00 a day. Do you realize how overcharged you are for meals??? if they are covered by the CACFP program, then the owner is ripping clients off. FRAUD! you may eventually have to contact the state licensing agency for further help.

Answer 3

If your wife is a full time employee with benefits and one of those benefits is free child care at her place of employment - and if she is taking either sick or vacation time, the benefits should stay intact. If she is taking unpaid time off, she may be responsible for paying her own benefits, which means you do owe for child care and lunch services.  The Family and Medical Leave Act ensures that your wife would have a job to return to, but since leaves can go one for months at a time, an employer has the right to have an employee pay for their benefits during the leave.

That may have not been the answer you were looking for. I'd say 'kill them with kindness' and try to smooth things over and see if they will excuse the charges. They may well have a legal right to the money if your wife is taking unpaid leave, however.

good luck!

Answer 4

i think she can if she's the owner of the pre-k and it's operating out of her money

Answer 5

If she's on excused medical leave I don't see how they could charge you if they haven't up to this point. She is after all still an employee. However, if she just took some personal time off I guess I can see how they might charge for it. They might overlook a day or two here or there but 4 wks could be another matter. I am curious though - 20 a wk for four wks is only $80...where is she getting the other 60 dollars from?

Answer 6

My Ex has a son in a daycare that she worked at and I have come into contact with this working in the Daycare facilities that I have they do make it clear that the child is allowed to attend for free under two conditions:

1 The parent is there at all times the child is

2 The child remains in its assigned room

SO does she have a right to charge you yes if those were the grounds given to your wife when your son started. However she should only be charging you for the four weeks your wife did not work!!! She's just bitter!!

Answer 7

I agree with all of the contract talk and legally it makes sense but I have one question for you.  Does your wife plan to return to work there?  If she does do you really want to make her job harder?  Can't you just work something out where you pay 30 a week where 10 goes toward the back bill?  I mean the reality of it is that this is YOUR WIFE'S JOB!

Answer 8

Did you sign a contract?  If so and the fee is in there, you are responsible to pay, but if your wife and the owner agreed there would be no charge for your son's care it is a different issue.  You also have a legitimate reason for your situation(medical notes)so if the woman wants to sue you, the judge may have a tough time ruling in her favor.  If you can, I would at least seek legal aid and find out what your rights are.  Good luck.

Answer 9

It all depends on the contract or agreement that was reach between your wife and her employer.  If you guys agree to pay for your son lunch then you will be obligated to pay for it.  If she is just charging you because your wife is not at work then you may have a case.    Did you find out from your wife if she was making any payment for your son lunches.  Because it seems as if you are not making a tuition payment just a payment for lunches