To refuse to work without pay...

[Untilsummer]

Morning, I've NCd as this is quite detailed and I don't want to be recognised.

So I'm a teacher, who lives in Wales but works in England. Wales is still in lockdown and schools haven't re-opened.

I'm due to return to work next week when my school re-opens. I'll be doing the childcare element with a TA as well as delivering online lessons to my class throughout the day.

Now due to my nursery being closed, I cannot come to work one day a week as I'll have no childcare. My HT has been aware of this for a few weeks. I can still do my virtual lessons from home, like I have been doing but I wont be physically able to come into school.

My HT has told me that I'll have to take these days as unpaid leave. AIBU to then turn around and say that I won't be doing any work on said day then? Including the virual lessons, giving feedback, answering parent/child queries, setting home tasks?

Surely I can't be expected to be work from home unpaid when this is what I've been doing for the past x weeks?

[Untilsummer]

Sorry forgot to add I have one DC aged 3.

[SiaPR]

No of course you don't work on those days.

[SparticusCaticus]

Yes
He can't expect you to work without pay, so if you do a 4 day week for pay, you do 4 days worth of work.

[smoodgy]

Have you spoken to the NEU??

I would be looking to move to a new school as soon as possible! Your HT should be more understanding!

[DdraigGoch]

Of course not, they either pay you to provide remote learning, or they don't pay you and you put your feet up.

[Untilsummer]

Thank you. My HT is usually really good and very understanding, I get that this is a stressful time but surely it's give and take.

I love my school and don't want to rock the boat but I don't want to be a pushover either.

[pinksquash13]

Definitely not being unreasonable

[HaudYerWheeshtYaWeeBellend]

You shouldn’t work if on unpaid leave, however I get your bosses stand in this, unfortunately childcare is not the responsibility of you’re employer.

[ThroughThickAndThin01]

You don’t work on the day’s you take unpaid leave.

But you can’t be expected to be paid on the days you don’t go in.

[slipperywhensparticus]

Reply ok but obviously cover will need to be provided on those days

[LaughingDonkey]

I would not work on my unpaid leave or on paid holidays regardless of my circumstances (child, dental appointments, extra holidays, etc.). When you work - you receive pay for it, when you don't work - you do not get paid. I can't imagine the audacity of the employer to ask anyone to work for free unless it is charity/volunteering for a cause.

[Teacher12345]

Absolutely do not work those days!

[SoloMummy]

Technically, you're paid to work 1265 hours. So unless you can show that he's allocated you the number of weeks you can't get to work by 6.5 hours already, under the directed hours agreement, then yes your ht can do this, whilst experiencing you to teach online.
Remember your 1265 hours are to be "worked" over 195 days.

[eaglejulesk]

I can understand why you are being asked to take unpaid leave, but on those days you don't work - at all, not even a little bit. No pay = no work, simple as that.

[spanieleyes]

I have a teacher with a similar problem, so she is working three days in school and two days at home. It is not something that would normally happen but these are not normal times. I trust that, as soon as she can, she will return to school full time and that she works jolly hard on her two days at home!

[Aretheystillasleepbob]

Unpaid leave is unpaid leave, your HT won't be expecting you to work on those days. IS there a reason that you think they are expecting you to work??

[Aretheystillasleepbob]

And enjoy the time with your LO!

[Hotcuppatea]

Have you misunderstood? Has your head teacher explicitly said that you are expected to work on that day?

[Taciturn]

@SoloMummy

Technically, you're paid to work 1265 hours. So unless you can show that he's allocated you the number of weeks you can't get to work by 6.5 hours already, under the directed hours agreement, then yes your ht can do this, whilst experiencing you to teach online.
Remember your 1265 hours are to be "worked" over 195 days.

But presumably this falls to 1012 hours for 80% pay!

[Liverbird77]

Call the Union as soon as possible.

[MarieG10]

You are not being unreasonable in the current circumstances given your child isn't school age so therefore can't go as a key worker child.

I'm a school governor and what our head has had to wrestle with are:

Staff refusing to send their kids to school as key workers, therefore refusing to come to work. They still expect to be paid.

Staff refusing to return their own children to school so state they can only work x hours which they dictate. This is despite their role being required full time and they expect to continue to be paid full time

Staff stating they are in the vulnerable category although haven't been defined as such and refusing to come to work but expecting to be paid full salary. They haven't submitted a sick note.

I have to say, the list of situations our head is dealing with has astounded me. Some have been easy as they are genuine and need help, but are far outweighed by the ones making individual choices and expecting full pay which is only one issue as schools need their staff to work to provide teaching and teaching support.

I watched a Tv report about concerns the govt had about getting people back to work and I understand why. Another school in the same town, part of an academy chain told staff "sort your childcare in 24 hours if you choose not to send your children to school or you will be on zero pay".

We have resisted academisimg. This is changing my view now and I suspect it will other governing bodies.

[rwalker]

I'd be tempted to offer a compermise and take 1/2 day unpaid and work 1/2 day

[spanieleyes]

Whereas I've had the opposite! Staff who are clinically vulnerable demanding to come back, staff sorting out childcare between them so they can come into work, part time staff offering to work full time and amazed when I've said they needed to be paid, staff volunteering and working through the holidays to offer childcare for vulnerable pupils, staff bringing their own children into school so they don't miss a day.
All this means that, if there is a member of staff with a genuine problem, everyone helps to get it sorted!

[Finfintytint]

OP, can’t you find temporary childcare in England?

[modgepodge]

I would email the head saying something like ‘I understand I will be taking Fridays as unpaid leave for the immediate future - I will let you know as soon as nursery opens and I am able to be on site. Please could you advise who will be setting the online learning for my class(es) for those days, so I can advise them on what to teach’. Makes it clear you won’t be setting work but is entirely reasonable.

I’ve Temporarily changed my working days (I’m part time) which means a day I normally work on I now am not. My head understands I won’t be online as usual that day.