- AP’s can leave within 30 days prior to their legal departure date only if:
1) the HF forfeits their credits
2) HF agrees to let AP leave early
3) signs and understands that they will not receive the unused childcare weeks back as credits
4) HFs are not eligible for refund when they received over 30 weeks of childcare
If the HF and AP agree that the AP could leave early, within 4 weeks (30 days) of her last legal working day and we are booking the APs flight home, then we won’t also give credit to the HF for the APs early departure. By HFs signing off on the au pair’s flight request form they are agreeing to the au pair’s early departure.
What about traveling in the 13th month?
- The 30 day grace period, also known as the “13th month”, falls at the end of an au pair’’s program. This grace period allows au pairs time to say goodbye to their host family and friends, and to travel around the U.S. before returning home. During this time, the J-1 visa is not valid, and au pairs are not allowed to work nor can they travel outside the U.S. , as they will most likely be denied reentry.
The 30 day grace period applies only to au pairs who have successfully completed their program (full year, summer program or extension program.) To further clarify, if an au pair extends, this grace period gets moved to the month after their last extension month (i.e. month 19, month 22, or month 25) and cannot be used in between their first year and their extension term. Finally, an au pair who leaves the program early, regardless of reason, or is terminated from the program by Cultural Care is not eligible to stay for the grace period and must leave the U.S. immediately.
When an AP signs the AP contract she agrees on this paragraph:
I understand that the Program is designated as a full year program with the possibility to extend for a further six (6), nine (9) or twelve (12) months. Should I voluntarily decide to return home before the regular end date of my program (including extension period) I understand that my flight will not be paid for and my deposit not returned. The exception to this will be in cases of my own extreme illness or the extreme illness or a death in my immediate family. Should I terminate or be terminated from the Program for any reason as outlined in this agreement, such termination will result in the following:
a) I will forfeit the return ticket and I will be required to make my own arrangements to return to my home country at my own expense;
b) I will forfeit the refundable deposit;
c) My CC insurance coverage will no longer be valid and no part of it refunded other than the 13th month optional insurance;
d) My status will be reported to U.S. Immigration and my participation in the au pair program will be canceled.
e) CC will not provide me with housing in the USA .
1 auPair
Hi.. thanks for posting this… I was wondering if you know about any payment that the aupair has to do for leaving early. I have heard that her last check will be canceled, is this true?
Thanks
Written on December 29, 2009 at 4:58 pm