POLICIES

Background Information and Program Policies
EduCare Program
2100 Dr. Martin Luther King Jr. Street North, Suite A
Saint Petersburg, FL 33704
United States of America.

EduCare Program
This document applies only to the EduCare program.

Overview
The Department of State designates au pair program sponsors to help bring young people to the United States to learn about American culture while living with a host family.

Child Care
Expert AuPair matches host families with au pairs. Expert AuPair makes it clear to the visiting au pairs that their primary responsibility is ensuring the safety and well-being of your child or children.

Expert AuPair does not, however, guarantee that you will have one year of uninterrupted childcare. As with any childcare arrangement, illness or scheduling conflict can impact your lives.

You will be responsible for paying the au pair even if he or she can not work for a while. Expert AuPair does not employ au pairs, and au pairs do not work as independent contractors. Any personal expenses accrued by the au pair are not the responsibility of Expert AuPair. The au pair's security deposit will not be used to pay the au pair's bills. The host family agrees not to seek payment from Expert AuPair for the au pair's personal bills.

If your au pair is seriously ill and therefore unable to work for a long period of time, Expert AuPair will make reasonable efforts to match you with a new au pair.

Cost of the program
The expected cost of the au pair program are summarized in the publication "Host Family Costs".

Early termination by host family
Very rarely, host families must end their involvement in the au pair's program before the end of their year. In the event of termination of employment, parties must ordinarily give two weeks notice. If the host family does not provide two weeks salary and room and board for two weeks then there will be no refund and no credit towards future experiences with Expert AuPair.

Early termination policies

  • If the au pair is removed by Expert AuPair because the host family is not complying with the terms of this agreement, then there will be no refund to the host family.
  • If the host family withdraws from the program after the initial program fees have been paid, and before the au pair departs for the United States, the refund will be $495.
  • If the host family withdraws from the program after the final program fees have been paid and before the au pair departs for the United States, the refund will be $3,990.
  • If the host family withdraws from the program after the au pair's arrival in the United States, and before the au pair has been with the family for one month then there will be no refund, and no replacement.
  • The Change Period starts after the au pair has been with the family for one month. It ends after the au pair has been with the family for six months.
  • If in the Change Period, both the host family and the au pair agree in a meeting with their Local Representative that the employment is not satisfactory then Expert AuPair will attempt to find a new au pair for the host family. If Expert AuPair can not find a replacement one month after the request then the host family will be receive a credit of $100 per complete month remaining in the twelve month period to be used for future Expert AuPair experiences and a refund of $200 per complete month remaining.
  • If both the host family and the au pair agree that the employment is not satisfactory after six months in a meeting with their Local Representative, then the host family will receive a credit of $100 per complete month remaining in the twelve month period and a refund of $100 per complete month remaining in the twelve month period.
  • If the host family believes the au pair to be negligent then it will contact the Local Representative (LR), and write to Expert AuPair's head office. There will be an investigation. If Expert AuPair finds that the au pair has not complied with his/her agreement with the host family, then Expert AuPair will treat the case as if the au pair and the host family have agreed in a meeting with the LR that the employment is not satisfactory.
  • If the au pair does not use the return air ticket provided for any reason, then Expert AuPair will not reimburse the cost of this ticket to the host family.

Replacement policy
Expert AuPair recognizes that sometimes transfers will be necessary. Before a transfer is approved, Expert AuPair will follow its standard grievance procedures. Employment disputes will be mediated by Local Representatives, and final determinations will be made by Expert AuPair's head office in St Petersburg, Florida.

  • If the host family changes au pairs before its au pair departs for the United States, then it will be responsible for $1,000 in fees in addition to the full payment of fees to bring the newly-chosen au pair to the United States.
  • If a transfer occurs during the year, the host family may not seek reimbursement for tuition allowance or paid vacation for any replacement au pair. Therefore these costs may be collected twice, once for each au pair.
  • If the Host Family chooses to accept a replacement au pair then it may be required to extend its contract with Expert AuPair. The Host Family will be informed of the extension length before they decide to accept the replacement au pair. The Host Family agrees to pay a supplemental fee of $400 per month or portion of a month to extend their contract, and this supplemental fee will be due within 30 days of the new au pair’s arrival.
  • Expert AuPair will attempt to replace au pairs as detailed in this section in a commercially reasonable way. In no event shall Expert AuPair be liable for any consequential, indirect, special or punitive damages, loss or expenses.
  • Expert AuPair is not responsible for damages or losses that arise or are alleged to arise from failure of the au pair to perform his/her duties.
  • Expert AuPair does not guarantee uninterrupted childcare, and interim alternative childcare may be needed.

Compliance with Federal, State and local law

  • Expert AuPair does not offer legal advice, and recognizes that the host family and au pair alone are responsible for complying with relevant Federal, State and local laws.
  • The host family and au pair must abide by the terms and conditions laid out by the U.S. Department of State in 22 CFR 62, and all subsequent replacements and amendments.
  • A responsible adult member of the host family will be present during the first three days after the au pair's arrival.
  • No child who was four years old or younger on the September 1 preceding the au pair's arrival shall be the responsibility of an EduCare au pair..
  • The host family must identify special needs children before au pair selection.
  • The host family must execute a written agreement with the au pair detailing the au pair's obligations and work schedule prior to the au pair's departure from his/her home country. The agreement must clearly state the Exchange Program in which the au pair is participating and the terms must be in line with the limitations set out by the U.S. Department of State.
  • EduCare au pairs will not work for more than 30 hours in any week, or 10 hours in any day. The au pair will be given at least one and a half days off per week and one complete weekend per month.
  • Au pairs will have two weeks of paid vacation per year.
  • Au pairs will have acceptable private bedrooms and board in the form of meals. The acceptability of room and board will be determined by Expert AuPair.
  • Expert AuPair will review financial documents of the host family, in order to determine the host family can meet its financial responsibility to the exchange program. This may include employment verification.
  • All resident adult members of the host family are fluent in spoken English, and are U.S. citizens or permanent residents.
  • The host family must pay up to $1,000 of education course fees at an accredited U.S. post-secondary institution while the EduCare au pair is in the U.S.
  • The host family must comply with the Fair Labor Standards Act as interpreted and implemented by the U.S. Department of Labor.

Host family's responsibility for selection of au pair

  • The host family must telephone the au pair that the host family is considering selecting before making its final decision to select that au pair. It is the host family and not Expert AuPair that will decide the suitability of an au pair.
  • If the host family needs more information from Expert AuPair in order to make an informed decision, it is the host family's responsibility to request this information from Expert AuPair before selecting its au pair.
  • The host family recognizes that the au pair exchange program is to facilitate international exchange. Cultural differences will be evident, and the host family is responsible for ensuring that the au pair it selects does not have behaviors, beliefs or qualities that the host family considers objectionable.
  • If the host family has a child that it identifies as having special needs, then the host family will review the skills, training and employment history of the au pair to check that the au pair is an appropriate person to care for that child.


Educational and cultural exchange opportunities
The host family must attend an annual workshop; two are offered annually. The host family is expected to encourage the au pair to complete his/her required education, and to attend au pair meetings throughout the exchange. We very much appreciate your help in helping your au pair leave the U.S. with as many positive stories of his/her time here as possible.

Responsibilities relating to immigration: pre-arrival and post-arrival

  • Expert AuPair does not issue a J-1 visa. United States consular officials have discretion in their decisions. If the host family selects an au pair who can not obtain a visa then the host family understands that it may have to select a new au pair and/or wait longer for an au pair. Expert AuPair is not responsible for any damage, loss or expense that results.
  • Rarely, au pairs with proper documentation are denied entry to the United States. The host family understands that this may happen, and that it may have to select a new au pair and/or wait longer for an au pair. Expert AuPair is not responsible for any damage, loss or expense that results.
  • If the au pair leaves the United States without a valid visa in his/her passport, he/she has to apply for a new visa before re-entry. Expert AuPair is not responsible for obtaining this new visa.
  • If the au pair leaves the United States mid-year with proper documentation, it is possible that he/she might be denied entry to the United States. Expert AuPair is not responsible for any damage, loss or expense that results.
  • If, at any stage before or during the year, an au pair is overseas and can not return because of acts of God, acts of war, or grounding of air travel, Expert AuPair will not be responsible for any damage, loss or expense that results.

Department of Homeland Security Notification
Expert AuPair notifies the Department of Homeland Security if an applicant leaves the program but does not leave the United States. It is illegal to employ an au pair who is not maintaining his/her status. In particular, it is illegal to employ an au pair who stays after his/her authorization to work expires, even if he/she is allowed to remain in the United States in a different nonimmigrant status.

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