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What do I do?(5 Posts)
I work in a care home and this year my manager has put me down for working all day Christmas Day. I have 5 children and my partner works also in a care home. This year my partner has also been rotered in to work Christmas Day plus sleep in that night. I have worked at my care home for nearly 3 years and have not worked Christmas yet. But my partner will be in trouble for not working Christmas because he is required to do the medication and it's been in place that he does Christmas for months. Do I have the right to refuse to work Christmas and if not then can they sack me or demote me? (I am a team leader). Getting stressed about this so much.
Please can anyone advise me of my rights.
I don't know what "rights" you would have apart from maybe taking unpaid dependents leave, but would presumably need to demonstrate that you have attempted to arrange childcare for your dc (any grandparents available?) Or maybe even show them your dps Rota.
Its a challenge, but is always a risk when you both work in 365 day operations.
Unfortunately you don't really have many 'rights' here, if it is in your contract that your employer can require you to work bank holidays which it will be, then you are a bit stuck if you refuse and will likely be a serious disciplinary or even dismissal if you don't turn up for your shift or call in sick etc. as it will mean residents could suffer and colleagues will have to cover your work etc. which really isn't fair on them. You have a statutory right to emergency unpaid carers leave for sick DC or childcare failure but really this is not an emergency as you know about it in advance....
I think your options are in order of preference
(a) Go to your manager and beg them for the time off, offer to work the next 2 Christmases (your DH will need to arrange time off or childcare, he will have a whole year to do it), all bank holidays in 2020, whatever it takes. Offer to work a few hours on the day so you can sync up your and DH's shifts e.g. you work the morning he works the afternoon/evening?
(b) Your DH does the same, he surely can't be the only person in the whole home who can do medication, what happens on his days off?
(c) Beg/persuade your colleagues to swap with you for at least a few hours of the shift, offer to work whatever graveyard shifts they hate for however long it takes etc? May make you unpopular as obviously it puts them in an awkward situation but needs must if you have no alternative.
(d) Find childcare for the day - what happens to the DC when you are both at work normally - any grandparents/siblings/friends who could have them all or part of the day -split up if needed? I know it sucks but needs must to stay in employment?
Will you get any time together as a family? Breakfast? I worked abroad in a Muslim country for a couple years. I had to work Christmas Day and got together for a drink with the expat community in the evening. It's sometimes necessary to make new traditions. A roast dinner together on another day and a special early morning Christmas breakfast together. Midnight mass if you go to church. But I really do sympathise and appreciate that people in your care home will be receiving care over Christmas.
What does your contract say? I suspect you can't refuse