Contract with a Family Daycare

Honorable local rabbi, shlita,
 My young son is with a private caregiver in the neighborhood, who drew up a proper contract for the days of activity and vacations, and throughout the entire year she adhered to the contract.
 I will preface that my wife works in teaching and, at the same time, is a student in therapy studies, which creates a tight schedule together with a partial salary. In July, since the educational institutions are on vacation, the professional studies hold a summer semester in which classes take place throughout the entire month. We checked this detail at the beginning of the school year so that it would enable her to continue her studies also in July.
 Now, before the July summer period, the caregiver informed us that she is working in a camp format until 2:00, in complete contradiction to what appears in the contract: "Family daycare activity — the months September through the end of July, Sunday through Thursday, 8:00–15:30 (except for the attached vacation days)".
 And in the attached vacation days, there appear vacation days and days with an earlier-than-usual ending.
 The July period is not mentioned in the contract at all, except for a vacation day mentioned as 7 Av, 21/07/2026.
 According to her, at the top of the vacation details it says: "Below are the vacation days for the coming year: 
 I tried to be aligned with the vacations of Chinuch Atzmai; it may be that small changes will occur later in the year".
 According to her, the vacations of Chinuch Atzmai are a fundamental guideline which, even if not detailed in the contract, is a guiding principle, as written.
 My position is: a) this opening statement is in the category of information for the parents, that she tried to be aligned with the educational systems, whether for the convenience of teachers or of parents with children in the educational system.
 b) Fundamentally, the comparison is untenable, since in the schools the study framework is until 13:15, unlike with her, where the basic framework is until 15:30 (and she is compensated accordingly). And even though there is an after-school program in the schools for an additional fee, that is similar, for example, to activity from 15:30 to 16:00.
 And if in the camps they provided activity without an after-school program but only the basic framework, that does not affect the basic hours of activity, which are until 15:30.
 In addition, the price of the family daycare is 1850 per month, which includes a daily schedule of meals and afternoon sleep until 14:00, whereas the price for a family daycare until 13:30 in the neighborhood is 850 on average.
 Also, on the days when they finish early, her daily schedule did not change; the children slept as usual and did not eat lunch. This raises the question of whether, on days when she finishes early, she needs to change to a schedule like in family daycares that finish at 13:30, and also whether she needs to feed them.
 Another point needs clarification: at the beginning of the contract it states activity until the end of June, and in the schools, although this year they are working even after 9 Av (23/07/2026), generally they do not. Is her claim to compare to Chinuch Atzmai valid here as well, especially since the contract states days of activity until the end of the month?
 It is important to note that the vacation days include a vacation on 7 Av, 21/07/2026, which raises the question of whether this is a vacation day and she continues to work afterward, or whether it is the end of the days of activity, as in Chinuch Atzmai every year.
 And regarding the claim of small changes that may occur during the year, there is apparently no doubt that the intention is not a change of such magnitude.
 Another matter I would be glad to raise on this occasion.
 The contract states that during a war, for the first 10 days of the war the parents will pay full payment, and after that we will consult with a halachic authority.
 In practice, after 11 days from the start of the war, the caregiver began working in a shortened format until 14:00, claiming that she has children at home and cannot work as usual. It is worth noting that the caregiver has a proper protected space and is not subject to any body or law (such as the Ministry of Industry, Trade and Labor, etc.).
 Subsequently, there were two days when she had no arrangement for her children in the morning and did not work, and she undertook to make them up. Later, she made them up on Lag BaOmer until 14:00.
 Altogether, she worked in this format for 5 days (a week).
 The first question is whether the payment should be in full for this period when she worked until 14:00, since in principle she had no legal problem, only children at home (during periods when her children were sick, she continued working as usual, even though they were at home). Does this constitute force majeure with respect to the work?
 And also, must she make up the days until 15:30 or until 14:00, because she claimed that this is how she needs to work during wartime and only that is what she needs to make up?
 I would be glad to know what the law apparently is in this matter.
 With thanks and blessing

Shalom u’vrachah. 

A. Regarding the first question, concerning the work in July, details are missing. It is recommended to call the Beit Hora’ah line at 0733260800, extension 12, where a dayan will be able to answer you. You can also arrange a conference call with the caregiver for a more complete answer. 

B. Regarding the war, our teacher Rabbi Amram Fried shlita rules to make a half-and-half compromise for any reduction in service due to the force majeure of the war.