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Original poster

parental leave denied

675 replies

user1471461798 · 03/03/2018 20:23

I work term time only and requested parental leave for 3 weeks as my daughter leaves school this year and we plan on going to Florida as it’s less money than school holidays. Anyway my employer has rejected it , stating I have enough holiday throughout the year. My argument is I am entitled to this leave and have spoken to Acas who agree with me. I should add that my job entails covering for others, sickness, days off to look after their children and also holidays! How do I deal with this?

OP posts:
Aridane · 03/03/2018 20:27

My sister works term time only and is not entitled to holiday during term time - though they have given her compassionate leave.

Aridane · 03/03/2018 20:27

Sorry - that was an aside. What does your contract say about holiday entitlement?

MyDcAreMarvel · 03/03/2018 20:28

They cannot deny you parental leave , all they can do is say you can't take it at the particular time you ask.

CotswoldStrife · 03/03/2018 20:32

Did they say when you could take the leave, because as Marvel said, they can say when you can take it (and when you can't). The fact that you are term-time makes me think you can't normally take holidays during that time, which is probably why you asked for parental leave. But - it is generally for something to do with the child's welfare rather than a holiday.

Original poster
user1471461798 · 03/03/2018 20:32

My contract states , no leave to be taken during term time, but Acas have stated that a contract doesn’t override a government law. My argument is they all ready let people take holiday, as I cover them! Acas said that it doesn’t matter how much holiday I have, it is an entitlement. The eligibility for Parental Leave is to spend more time with your child! That is how I worded it on my request.

OP posts:
LuluJakey1 · 03/03/2018 20:33

But it isn't parental leave it is holiday.
Our term time contracts say no leave or holiday is to be taken outside of school holidays unless in exceptionla circumstances. Parental leave is a right but surely it is intended for if a child is ill or can not be cared for any other way, not because you want a cheaper holiday.

PurpleDaisies · 03/03/2018 20:34

No school would grant that request. I’m amazed you thought it would be approved.

lokijet · 03/03/2018 20:35

i would revert to your line manager and suggest they speak to HR as this is a legal entitlement - lots of line managers are not familiar though - it is usually unpaid though

Original poster
user1471461798 · 03/03/2018 20:36

They denied it completely! I told them they could change the date, but couldn’t deny it, they told me they had the right to deny, also they should have written and told me within 7 days, but verbally told me within that time, but no letter. I work for local government, so surely they should know the law!

OP posts:
Original poster
user1471461798 · 03/03/2018 20:39

The government website states- Everyone is entitled to up to 4 weeks unpaid parental leave per year, either to spend more time with their child, settle them into school or spend time with grandparents, grandparents will be coming with us!

OP posts:
Original poster
user1471461798 · 03/03/2018 20:42

Also I cover for other people’s holidays , i’ve all ready covered this year so someone could go to Australia! so the precedent has all ready been set.

OP posts:
CotswoldStrife · 03/03/2018 20:44

No, that's the maximum that can be taken in one year. 18 weeks in total until child is 18.

CotswoldStrife · 03/03/2018 20:44

Was the other employee term-time only? The one that took the holiday to Australia?

ScreamingLevitation · 03/03/2018 20:45

I've never heard of term time only staff being entitled to time off for holidays during term time. And your reason for the time off IS a holiday. I knew one woman who was ecstatic when granted one day off during term time to get married (her DH was in the Forces, they really didn't have much choice about dates) - but three weeks off to go to Florida on the cheap? No chance.

RandomMess · 03/03/2018 20:46

How old is your DD if she is leaving school??

flowery · 03/03/2018 20:46

”Also I cover for other people’s holidays , i’ve all ready covered this year so someone could go to Australia! so the precedent has all ready been set.”

Someone else taking annual leave doesn’t set a precedent for you to take parental leave. Or even if they also took parental leave again that doesn’t set a precedent.

You are entitled to unpaid parental leave, and they can postpone it for business reasons as you say. If you work for local government I expect there will be a parental leave policy and also an HR department. Get hold of the policy and email HR outlining the aspects of the policy which have not been followed in your case.

Original poster
user1471461798 · 03/03/2018 20:48

I said up to 4 weeks, I know the maximum is 4 weeks per year , up to 18 weeks in total until child is 18. My child is 16, 17 this year, I have asked for 3 weeks this year and probably won’t need any more. So I will never use my entitlement. I’m just annoyed that for the last 8 years i’ve never taken holiday but covered for others and they have denied it

OP posts:
flowery · 03/03/2018 20:48

Is the holiday really so much cheaper going in term time that you’re still better off even if you lose three weeks’ pay as a result?

strawberrysparkle · 03/03/2018 20:49

It's not parental leave though, you've asked for a holiday?

greendale17 · 03/03/2018 20:50

Someone else taking annual leave doesn’t set a precedent for you to take parental leave.

^This

Original poster
user1471461798 · 03/03/2018 20:52

They don’t have a policy on Parental leave. Acas told me that even if they did , the. law states i’m entitled to time off to spend time with my child, I am spending time with them , just on holiday, I am employed just to cover other people when they are off. yes the holiday to Australia was during term time.

OP posts:
Fairenuff · 03/03/2018 20:54

OP why do you only work term time? Do you work in a school?

RandomMess · 03/03/2018 20:54

So it would be unpaid parental leave that they could cover using supply staff, not sure they have a leg to stand on as I can't see how it would create "major disruption" as there are ways around it.

pinkhorse · 03/03/2018 20:56

According to gov.uk it says parental leave is unpaid. Is it still cheaper to go on holiday at this time with 3 weeks unpaid than go in the school holidays?

ScreamingLevitation · 03/03/2018 20:56

Looks like the law says they can postpone if it will cause 'unreasonable disruption'. I suspect you will find your request is postponed to not-term-time. Hope you haven't booked tickets already.