Staff shortages have been a structural problem in childcare for years. It may directly affect your child's daycare location. What does this mean for you as a parent when groups close—do you keep paying, or are you entitled to a refund?
Do I have to keep paying if my daycare center closes groups due to staff shortages?
If your child can't attend because a group temporarily closes due to staff shortages, it's only natural to worry whether you still have to pay the bill. The answer depends on what's in your contract and whether the closure qualifies as force majeure. Most childcare organizations have general terms and conditions stating that parents are not entitled to discounts or refunds in cases of force majeure. However, this isn't always airtight.
In principle, you pay for a place, not for actual usage. When a daycare center closes a group because insufficient qualified staff is available, they often frame this as a situation beyond their control. This is what we call force majeure. But if the closure becomes structural or drags on for a long time, the force majeure argument becomes thinner. Always request the exact reason for the closure and its expected duration in writing. This way, you build a file in case you later need to discuss compensation.
What does the law say about temporary closure due to staff shortages?
The Childcare Act (Wet kinderopvang/Wko) requires childcare organizations to meet the staff-to-child ratio. Without enough staff, a group simply cannot open. This makes staff shortages not a luxury problem, but a legal reason to close. The question is whether that closure should be entirely at your expense.
When does force majeure apply to the childcare organization?
Force majeure means that a party cannot fulfill its obligations due to a cause that cannot be attributed to them. In childcare, staff shortages may qualify as force majeure in cases of sudden sick leave or an acute flu outbreak among the team. But if the daycare center has been struggling with structural shortages for months, poor working conditions, or high turnover, this is less easily labeled as unforeseeable. A court or disputes committee will then examine whether the organization did enough to prevent or mitigate the shortage.
As a parent, you can ask the daycare center what measures they have taken: have they brought in borrowed staff, collaborated with other locations, or created flexible schedules? If it turns out little to nothing was attempted, the force majeure exemption is weaker.
What about the ruling of the Childcare Disputes Committee?
The Childcare Disputes Committee (Geschillencommissie Kinderopvang) has issued rulings in various cases about payment during closures. In a notable ruling, the committee determined that parents were indeed entitled to (partial) refunds when a group remained closed for months due to staff shortages. The committee found that the childcare organization had not sufficiently demonstrated that all reasonable efforts had been made to resolve the shortage.
This means that as a parent, you don't simply have to accept paying without receiving any service in return. You can file a complaint with the Childcare Disputes Committee if the daycare center refuses to compensate. Do keep the deadline in mind: do this within three months of when the dispute arose. The procedure requires a small contribution, but the committee can issue a binding ruling on refunds or discounts.
What can I do myself if my daycare center is struggling with staff shortages?
If you notice the daycare center increasingly coming to you with closing groups or unfamiliar faces, it's smart to be proactive. Start by discussing your concerns with the location manager or pedagogical coordinator. Ask specifically about the cause of the shortage and how long it's expected to last. Is it temporary due to illness, or structural because departing employees aren't being replaced?
Join the parent committee if there is one. There is strength in numbers. A parent committee can pressure the daycare center to improve its personnel policy, for example through better working conditions or more investment in retention. Through the committee, you can also gain insight into the organization's staffing plan and recruitment efforts.
Finally, check your contract and general terms and conditions. Is there a clause about force majeure and continued payment? Note dates of closures and communication with the daycare center. If things escalate, you'll need this documentation for a complaint or dispute procedure.
How do I find an alternative if my regular childcare closes?
If the closure threatens to become long-term, you'll need to look for alternative childcare. In the current market, this is no easy task, especially if you need a place at short notice. Start by gathering information from your own daycare center: can they refer you to a sister location, or do they have contacts with childminders in the area?
Childminder/host parent care (gastouderopvang) can be a more flexible and quicker option than a daycare center (kinderdagverblijf/KDV). The childcare benefit (kinderopvangtoeslag) also applies to childminders, provided they are registered in the National Childcare Register (Landelijk Register Kinderopvang). Another possibility is adjusting your working hours or temporarily relying on parents, family, or an emergency childcare arrangement through your employer.
Keep in mind that with a new childcare place, the settling-in period starts over. For young children, this can be an extra burden on top of the already disrupted routine from the closure. Weigh the need for speed against the impact on your child. Sometimes a temporary, less ideal solution is better than weeks of uncertainty.
Getting started: how to protect yourself as a parent
Staff shortages in childcare are a systemic problem, but the consequences land directly on your plate. Document everything, ask pointed questions, and know that you do have rights. In cases of long-term or structural closure, you may be entitled to compensation, even if the daycare center initially denies this.
Are you looking for a new childcare place or want to compare how other organizations in your region handle staffing and stability? At kiddie.nl, you can view inspection reports, parent reviews, and practical information from childcare providers throughout the Netherlands. This way, you can choose with more confidence a place where your child is truly welcome.
