199.887 Termination of active contract.
591 words·~3 min read·
/ky/chapter-199/199-887A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Termination of an active contract between an employer, employee, child-care
provider, and the cabinet pursuant to this program shall occur in the following
circumstances:
(a)If the relationship between the employee and employer is severed, the
employer shall notify the child-care provider and the cabinet within three
business days of the separation, and the contract is terminated on the calendar
date provided by the employer in the notification. If the employer fails to
make this notification and the cabinet issues a state match to the provider on
behalf of that employer's employee, then the employer shall reimburse the
cabinet for the unnecessary state match;
(b)If the employer fails to make a contribution or contributions for the eligible
child-care costs in accordance to the terms of the contract, the child-care
provider shall notify the cabinet within five
(5)business days. After receiving
notification from the provider, the cabinet shall temporarily cease providing a
state match and shall notify the employer that the contract will be terminated
unless the employer remedies the nonpayment within five
(5)business days of
receiving notification from the cabinet. If the provider fails to make this
notification and receives a state match from the cabinet on behalf of that
employer's employee, the provider shall reimburse the cabinet for the
unnecessary state match; or
(c)If the relationship between the employee and the child care provider is
severed and the employee ceases to utilize the child care provider's services,
the employee shall notify the employer within three
(3)business days, and the
employer shall notify the cabinet and terminate the contract.
(2)Termination of an active contract between an employer, employee, child-care
provider, and the cabinet pursuant to this program may occur in the following
circumstances:
(a)If the employee fails to pay the child-care provider for costs not covered by
the employer contribution and the state match in accordance to the terms of
the contract, the child-care provider may give the employee reasonable time to
remedy the nonpayment. The child-care provider may notify the cabinet and
terminate the contract on the date that the notification was issued. If the child-
care provider voluntarily excuses the employee's nonpayment or the child-
care provider does not notify the cabinet within two
(2)calendar months from
the date of the employee's nonpayment and continues to provide services, then
the contract made between all the parties will automatically reflect the
reduction in value;
(b)If the child-care provider ceases participation or otherwise loses its rating in
the rating system described in KRS 199.8943, it shall notify all parties to the
agreement immediately; and
(c)The employer, employee, or child-care provider may terminate the contract at
any time and for any reason. The terminating party shall notify all the parties
to the contract and specify the desired termination date, which shall occur no
sooner than two
(2)weeks from the date of notification unless the child-care
provider gives its consent to an earlier termination date. All parties to the
contract shall be financially obligated, according to the provisions of the
contract, up to the termination date.
(3)Any child-care provider who receives an employer contribution as part of this
program or a state match for services not rendered and which will not be rendered
after the relationship between the employee and child care provider is severed or
after the termination of an active contract in accordance with this section shall
return those employer contributions and match funds to the respective parties within
five
(5)days of receipt of the funds.