This Is Why Your Boss HAS To Give Time Off If Your Child Is ill Or Childcare Fails
“Too many workplaces expect mums and dads to forget all about their kids as soon as they walk through the door” – but the reality is, it’s not that straightforwardTwo in five young parents who ask for flexible work arrangements are being “penalised” with fewer hours, worse shifts and even losing their job, a report has warned.
More than half of those working in low-paid sectors such as retail and hospitality are not aware of their employment rights when it comes to caring for a dependant, with many unaware of ‘unpaid parental leave’, a TUC investigation found.
Many of the 1,000 parents polled said they had previously been told to take sick leave or holiday to cover childcare, while some said they’d been refused leave to cover an emergency.
General secretary Frances O’Grady said: “Too many workplaces expect mums and dads to forget all about their kids as soon as they walk through the door, but it’s a nightmare to plan childcare when your boss changes your shifts at the drop of a hat, and you never work the same weekly hours twice.
“Many parents fear losing shifts, taking unpaid leave or being viewed badly at work if they need time off to look after their kids, and it is shocking that some mums and dads are being stopped from taking their children to hospital when they are sick.
“All workers should be given notice of their shifts at least one month in advance. Everyone at work should get the same parents’ rights from day one, and everyone should be given written information about these rights.”
The TUC criticised the attitude of some employers, saying more than two out of five men surveyed felt “stigmatised” at work because of needing flexibility for childcare, the Mirror reports .
The report said many young parents are penalised if they ask their employer for flexible working arrangements, telling the TUC they are subsequently given fewer hours, worse shifts or even lose their job.
Tracey Moss, employment expert at Citizens Advice, said: “You’ve got the right to request up to 18 weeks of unpaid parental leave in a single year, which should be taken in blocks of one week at a time. Although you have the right to ask, your employer doesn’t have to agree – if it is impractical for example, they may refuse.
“In an emergency, you are entitled to take time off to make sure your child is looked after. This is known as dependant leave. Your employer can’t refuse you dependent leave if you have no other choice, and you can’t be disciplined or sacked for taking the time off.
“If your employer won’t give you time off, or has disciplined you for having to look after your child, contact your nearest Citizens Advice for help.”
Citizens Advice: What to do if you need time off
• Speak to your manager – Different employers have different policies. They may allow you to take paid time off, annual leave or to make up the hours later in the week.
• Request parental leave – If you need more than a week off, ask for parental leave. You will have to have been working for your employer for more than a year.
• Request dependant leave – this is for use in emergencies. If your manager refuses, you may have to leave anyway. If they try to discipline or sack you for leaving you can get support from Citizens Advice.
What is ‘unpaid parental leave’?
Parental leave is a form of unpaid leave that entitles workers to time off to care for their child.
Each employee is entitled to up to 18 weeks’ leave for each child and adopted child, up to their 5th birthday – or 18th if the child has a disability.
The limit on how much parental leave each parent can take a year is four weeks.
You must take parental leave as whole weeks rather than odd days, unless your employer agrees otherwise or your child is disabled.
Eligible employees can request this type of leave to:
• Spend more time with their children
• Look at new schools
• Settle children into new childcare arrangements
• Spend more time with family, such as visiting grandparents
During this period, all of your employment rights will remain protected – such as annual leave entitlement and your right to return to work.
To qualify, you must:
• Have worked in the organisation for more than a year
• Have “parental responsibility” for the child, as defined under the Children Act 1989
• Be named on the child’s birth certificate or have obtained formal legal parental responsibilities
Time off to care for an unwell child or dependant
According to ACAS , the body behind workers’ rights, all employees have the right to time off during working hours to deal with unforeseen matters and emergencies. This includes time off to support dependants.
There is no legal right to be paid; however some employers may offer a contractual right to pay under the terms and conditions of employment.
In most cases a day or two will be sufficient to deal with the immediate crisis, but it will depend on the individual circumstance – many employers will choose to pay you for up to two days. Time off beyond this may result in unpaid leave.
A dependant is defined as a spouse, partner, child, parent, or someone who depends on an employee for care, an elderly neighbour for example.
The employee must tell the employer as soon as possible the reason for the absence and how long they expect to be absent.
It’s important to note:
• Time off for dependants is unpaid unless an employer is willing to give paid time off under the terms and conditions of employment.
• The right is to a reasonable amount of time off – normally a day or two but this will depend on individual circumstances.
• The right to time off is to deal with emergencies involving a dependant.
• A dependant is someone who depends on an employee for care.
The right to time off covers:
• A breakdown in childcare
• To put longer term care in place for children or elderly relatives
• To care for a dependant who has fallen ill or taken into hospital
• To arrange or attend a funeral.