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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