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Paying Babysitter in Tishrei WWYD



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amother
OP  


 

Post Today at 9:58 am
So I’m the beginning of the year we signed a contract stipulating that we pay the full amount regardless if there is off days within the month. This contract was for the entire school year.

Just recently, the babysitter said that she likely will not continue in January. So we may only be sending to her for 4 months.

If she was doing the full year, I hear it. Being that it’s just 4 months, I feel that it should really go by the month.

I definitely don’t want to bring this up erev rosh hashana if I’m wrong (supposed to pay today). Money is really tight and my husband strongly feels we shouldn’t pay for the whole month.
Would you just pay it because the contract said it (even though she may be switching the terms) or bring it up today?
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wabcs




 
 
    
 

Post Today at 10:02 am
You agreed, assuming you would be sending the full year. She is changing the terms by ending mid-year with all the difficulties that will entail for the parents. I don't think you should have to pay for the full month. Probably a question for a rav.
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amother
Slateblue  


 

Post Today at 10:03 am
I wouldn’t. The contract was for the full year. The tuition amount is calculated by adding up the days there is playgroup, multiplying by her daily rate, then dividing by 10. That way you pay the same amount every month and she still gets her fair rate. If she’s talking about stopping in January, then she needs to recalculate everything.
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amother
Quince  


 

Post Today at 10:05 am
If she is breaking the contract things should be reevaluated
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amother
Vanilla  


 

Post Today at 10:06 am
Once she broke the contract you don’t have to follow anything you signed. So I would just pay per day.
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amother
  OP  


 

Post Today at 10:09 am
Ok seems like everyone is on the same page.
Question is, if she ends up continuing, do I pay retroactively?
She didn’t officially tell us she’s stopping. Just said that there’s a nice chance.

I guess I also hate confrontation TMI
What would you text her?
My husband offered to speak with her but would rather be the one to do it.
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amother
Copper


 

Post Today at 10:13 am
I don’t know what’s right, but if you change things now you’re going to make her regret giving you the heads up that’s she’s leaving… is this for a personal babysitter in your house or a group babysitter?
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amother
  OP  


 

Post Today at 10:14 am
amother Copper wrote:
I don’t know what’s right, but if you change things now you’re going to make her regret giving you the heads up that’s she’s leaving… is this for a personal babysitter in your house or a group babysitter?


A group.
How could she not give a heads up?? Just text me one day that she is no longer doing it?
I’ve started looking for a new group and I’m actually having a very hard time finding
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amother
  Quince


 

Post Today at 10:14 am
amother Copper wrote:
I don’t know what’s right, but if you change things now you’re going to make her regret giving you the heads up that’s she’s leaving… is this for a personal babysitter in your house or a group babysitter?


She made them sign a year contract of course she needs to give a heads up a contract isn't one sided. Why shouldn't she have to keep to the contract too?
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amother
Babyblue


 

Post Today at 10:16 am
amother Slateblue wrote:
I wouldn’t. The contract was for the full year. The tuition amount is calculated by adding up the days there is playgroup, multiplying by her daily rate, then dividing by 10. That way you pay the same amount every month and she still gets her fair rate. If she’s talking about stopping in January, then she needs to recalculate everything.


Exactly this.

It's a full years tuition, divided for your convenience into 10 months. Otherwise it's ridiculous to pay in a month where there's 5 or 6 (or less!) school days. If the school is ending, what is the justification for charging several hundred dollars for a few days? It should be an hourly rate.

Understand though, that she's going to lose money that she's counting on and will be upset. the hourly rate is probably not worth her time. This is a question best asked together from a rav you both respect.
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amother
Gladiolus


 

Post Today at 10:50 am
I think if you aren’t paying her you should leave.
While she is not continuing I don’t think you can just stop paying her the months you are sending at the rate you agreed.

I think you have leeway to leave.

I don’t think you have leeway to pay less.
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amother
  OP  


 

Post Today at 10:52 am
amother Gladiolus wrote:
I think if you aren’t paying her you should leave.
While she is not continuing I don’t think you can just stop paying her the months you are sending at the rate you agreed.

I think you have leeway to leave.

I don’t think you have leeway to pay less.


Ok didn’t think of it from that perspective. you are bringing up a good point.
If we weren’t tight for cash, I would just pay the extra $300 and not say anything. So I’m nervous my judgement is clouded
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amother
Hibiscus


 

Post Today at 11:00 am
amother Gladiolus wrote:
I think if you aren’t paying her you should leave.
While she is not continuing I don’t think you can just stop paying her the months you are sending at the rate you agreed.

I think you have leeway to leave.

I don’t think you have leeway to pay less.


This. I would pull my child out for October and find somewhere new to start after/in between chag
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amother
  Slateblue


 

Post Today at 11:02 am
amother Gladiolus wrote:
I think if you aren’t paying her you should leave.
While she is not continuing I don’t think you can just stop paying her the months you are sending at the rate you agreed.

I think you have leeway to leave.

I don’t think you have leeway to pay less.
I disagree. The babysitter broke the contract, not op. It takes time to find a new sitter. I would argue that the babysitter owes it to op to make it work for a reasonable amount of time until op can find new arrangements.
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amother
  Vanilla


 

Post Today at 11:13 am
amother Gladiolus wrote:
I think if you aren’t paying her you should leave.
While she is not continuing I don’t think you can just stop paying her the months you are sending at the rate you agreed.

I think you have leeway to leave.

I don’t think you have leeway to pay less.


Paying her per day is not the same as not paying. Per month is usually the amount of days paid equally over 10 months, so she would be paying extra by paying the monthly price. If it’s not a year contract then it does go per day of the month. So she absolutely can pay less and can pay per day. It’s ripping her off to make her pay equally per month when she won’t be doing it for a year.
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amother
Melon


 

Post Today at 11:38 am
This is definitely a question for a rav. I would be very direct and tell her "Rivky is so happy coming to you every day. Thank you for taking such good care of her! Since the terms of the contract may be changing if you stop in January, it's possible that payment for off days are calculated differently. I'm going to speak to my rav about what I'm obligated to pay for this month. Thank you and a gut yahr!!"
And then follow up right away with your rav and let her know as soon as possible what you will be paying.
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amother
  OP


 

Post Today at 11:49 am
Thanks all for your responses.
I think the matter is closed for now.

I sent her a text explaining the contract situation and she basically replied that the she charges monthly and never said it was a yearly fee. Also we had discussed beforehand that she may be moving and her location would move with her. But most of all it sounded like she REALLY didn’t want to speak to a rav.

It is true that we discussed the location moving and potentially not working for me, but the decision would be on me if I want to drive my daughter there or not. We definitely did not discuss ending with no option of continuing somewhere else.

Either way, I just sent the money and will be mochel it. I just hate confrontation so much and have a hard time talking money with ppl. Feel bad because my husband strongly feels we shouldn’t be paying.
Gosh love the erev rosh hashana drama
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amother
Topaz


 

Post Today at 11:51 am
If you can't get through to your rav today (today is a busy day), I would suggest paying for this month, but texting her that you're to ask your rav what to do with next month. It's a big deal to not pay a worker on the day that the money is due (Google "Bayomo titen scharo" and "bal talin"), so I wouldn't play with that. But I definitely would ask a shayla. Once you ask, you don't have to feel badly refusing to pay (if that's what you're told). And if you're told that you should pay, you won't have to feel like you're being ripped off.
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notshanarishona




 
 
    
 

Post Today at 12:06 pm
I think you have to ask a shayla. Similar questions come up all the time, such as a maternity leave position that starts two weeks before Pesach or if someone is on salary but has a baby a day before vacation should she get paid for Yom tov.
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