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Closure of daycare and after-school care due to COVID-19

Daycare centers for children have to close. But do I still have to pay? MyRight has the answer.

The answer in detail

Read the impact of the latest developments in our legal tip Corona: The latest federal decisions and their effects

Closure of daycare and after-school care due to COVID-19 - what should you do?

Information as of August 2021

If the authorities close daycare centers again, the federal government can be expected to issue new rules on compensation for the duration of the official closure. This happened last year with the “COVID-19 Ordinance on Supplementary Childcare.” In the ordinance, daycare centers were offered financial assistance for the case that parents do not pay their fees. The reason for this was that, in some cases, parents no longer wanted to send their children to daycare even though it was open. However, in some cases, daycare centers were ordered to close and there were no uniform rules regarding who should bear the costs. The federal government and cantons reimbursed the institutions providing supplementary childcare 100% of the fees not paid by parents due to the coronavirus crisis between March 17 and June 17, 2020.

If such a future situation is not clarified by an ordinance, then you must review your contract with the daycare center for any corresponding provisions. Unless specified, you can assume that the contracts are suspended for the duration of the closure. That means that you do not need to pay for the time in which your child cannot go to childcare because of official orders of the authorities. As the daycare or after-school care center cannot provide their services for a while due to the ordered closure, even termination of the contract is conceivable. However, no compensation for damages is due.
We advise you to contact the daycare or after-school care center in good time and try to find a suitable solution (e.g. waive the duty to pay for the duration of the closure or terminate the contract) and to document this in writing (including signature).

Is the daycare center allowed to stipulate in its GTC that payments must still be made even in the event of closure?

If you already have an agreement in place with the daycare center, you do not need to accept such an amendment to the contract. However, it is permitted if you conclude such a contract with the daycare center, or if such provisions were already in the GTC.

Please note: If you decide not to send your child to daycare or after-school care of your own volition due to the current situation, you must continue to pay.