Can a day care provider charge for time that a child is not there?

Question Details:

We use take our son to a daycare. We had many doctor visits; he even got swan flu there. We decided not go there anymore. They want me to pay the week he was sick. Can they?

Asked 1/11/2010 under Business | 227 View(s) | More Legal Topics

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Cedulie Laumann / Arden Law Firm Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Maryland

I hope your son is feeling better.  Yours is a contract law question and it is legally permissible to charge under contract for daycare, schooling, etc.  even if the child is not there.  From the provider's perspective, they need to pay for staff and space whether or not a particular child shows up.  Parents can sometimes find "drop-in" care or pay-by-the-day but unless you had that kind of agreement you'd likely be responsible for normal weekly charges under the contract.  You may want to check the terms of your contract. 

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