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Taking time off to take DD to hospital refused

(15 Posts)
BlueBrightFuture Tue 24-Nov-15 08:14:00

DD is booked in for surgery at a London hospital. Date for surgery was given to me yesterday but still waiting for the written confirmation. Given date to my employer but have been told can not have that day because 2 other staff have booked that day as annual leave. It is only one day surgery, now what do I do? Can they really make me ask the hospital to postpone the operation?
Also other members of our department had been granted time off at times where 2 staff were out. How can there be different rules for employees doing the same job?

Thanks

LynetteScavo Tue 24-Nov-15 21:18:20

Not sure, but bumping for you.

Sounds very shitty to me.

You could either beg your colleagues to change their annual leave (probably not going to happen if they are off on round the world cruise or their daughters wedding) or say you've changed the apt...then get a horrific stomach bug the night before. This will involve going into work afterwards and pointing out to everyone you have lost 4'lb but will be worth it. f

Different rules can apply because it's at your bosses discretion...--don't get me started on this--

FlappyRose Tue 24-Nov-15 21:20:56

Have they just refused to authorise annual leave? If so, can you take time off for dependents (unpaid) instead?

AddToBasket Tue 24-Nov-15 21:21:32

Did you put this in writing?

I think your position will be stronger if you say: 'I will be taking my daughter for surgery in London on X date. I will require the day away from the office and will take it as annual leave'. Submit it with a copy of your DD's appointment letter.

AddToBasket Tue 24-Nov-15 21:22:21

Be careful with time off for dependent as I think this is usually emergency-only leave and here you have had time to arrange cover. You will need to check.

CountryLovingGirl Tue 24-Nov-15 21:23:05

Parental leave?

gandalf456 Tue 24-Nov-15 21:25:56

I think at our company, they have to allow time off for a family problem - especially a child under 16. I would not argue it out at all if my boss refused it. I would just say I'm having the day off and let him try to discipline me for that.

LibrariesGaveUsP0wer Tue 24-Nov-15 21:26:18

I am not sure about the latest case law on time off for dependants. But the gov.uk link says not hospital appointments.

However, you could try parental leave? It would be unpaid, you need to give notice and they can refuse if they can prove a 'significant reason' (I don't think a policy about numbers on leave would be enough?)

AddToBasket Tue 24-Nov-15 21:31:17

I am pretty sure you are not entitled to the time off for the appointment. You are entitled to your annual leave.

DragonMamma Tue 24-Nov-15 22:13:26

Parental leave is unlikely to be an option; it needs to be formally requested, is only in blocks of a week and they can decline the request on the grounds of business need - they would have to offer you alternate dates but that doesn't help your immediate problem.

I'm a bit shocked they won't allow you to use annual leave - they don't have to but it's what a decent employer would do.

VegetablEsoup Tue 24-Nov-15 22:44:20

can dd's father take her?

Amummyatlast Wed 25-Nov-15 08:46:09

Unfortunately you don't have the right to time off (unless your contract says something different).

They don't have to give you annual leave on that day. Time off for dependents doesn't apply as it's not an emergency situation. And with parental leave you need to give 21 days' notice, have to take a week off, and it can be refused for business reasons, so again probably not suitable.

notsomanky Wed 25-Nov-15 08:55:50

It's shit.

But they don't have to give you the time off.

Emergency leave isn't appropriate, and neither is Parental Leave.

A flexible employer who valued their staff would try to accommodate you, but at the end of the day if they have already allocated maximum leave then they don't have to let you take it too.

I would definitely raise it with your manager, and mention the other staff having been allowed leave before, but it is at your bosses discretion.

Has the refusal come from your boss or further up the chain?

BlueBrightFuture Thu 26-Nov-15 16:29:59

Apparently it has come from higher management. Have now told them that I have postponed the surgery and I'm going to phone in sick 3 days that week.

Let them prove I'm not ill... I have never done this before and not proud of the fact that I will be lying to them. It will be my first days of sick in 4 years.... sad

I had emailed CAB and attached a copy of thehospital letter, they say that it would qualify as emergency time off because it is not an appointment but surgery which is urgent. I guess it depends on interpretation but I'm not going to argue with them anymore. All our jobs are being relocated abroad in a few months so what is the worst they can do to me?

Anyway thanks for the advice... I do appreciate it

gandalf456 Thu 26-Nov-15 23:01:16

That is so crap. Good for you. There's no way I'd be putting work before my child and it's incredible what they're asking

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