Is it legal for a day care to charge you for Holidays that fall on your childs scheduled day but not watch the child that day?

UPDATED: Oct 1, 2022

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Is it legal for a day care to charge you for Holidays that fall on your childs scheduled day but not watch the child that day?

Our day care just sent us a new contract
stating that we have to pay for our childs care
on holidays that fall on our scheduled day but
they do not care for any child on holidays. They
say this is so they can give their employees
paid holidays.

Asked on January 25, 2019 under Business Law, Montana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It's legal if you sign the contract and send your child to the daycare: people can agree to pay for days they don't have work done, the way some employers give employees paid holidays (i.e. paying employees to not work). If you don't agree with this policy, find a different day care, because the policy is legal--your only choice is whether to sign up with this day care or not.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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