Need a day off work but they are refusing

[Treeforme]

I wondered if anyone could help.

I need a few hours off work shortly due to disabilities within the family. However I am being refused this leave. I have asked for it to be annual leave , parental, carers, unpaid making up my hours. But it is being denied, due to being too busy. However when I have offered reasonable solutions it’s still been refused.

Could anyone advise?

They have refused on grounds of being ‘busy’ even though I would make up the work on the very same day. It is not customer service or anything vital.

My manager just has it out for me and are being unreasonable. I took the job for the flexibility they offered in the interview, but they now say that was never agreed.

It is regarding my dependants who need me at that time. They have refused all angles. It is very upsetting.

If this isn't something you do often then am annoyed on your behalf. It's just a few hours and with notice. Employers just get it wrong sometimes. If a member of staff feels valued then often work well and more flexible when the bosses want you to go out of your way instead, say covering a different member of staff who is off suddenly. Ah well, doesn't help now OP, but start looking for a new job?

AL does not have to be granted whenever it’s requested - imagine all the nurses on a ward wanted to book AL on Christmas Day. What do you think would happen?

Thankyou everyone for your replies

Being "busy" isn't really a valid reason for them to refuse, particularly when you say that you could make up the time the same day. From what you've said, it doesn't sound as if it is the type of work that requires cover at a particular time or which must be completed in a timely manner.

You could go down the formal grievance route, but I think I would be inclined to pursue an informal challenge initially. Maybe ask if they have considered your request in light of the Carer's Leave Regulations 2024, set out why you don't believe that your propsed absence would cause undue disruption and ask them to explain why they don't agree.

tbh the only thing you can do is look for a new job. Ask for the flexibility to be included in your contract. (where i live, things discussed in an interview are legally binding, which is why everyone always makes notes like mad)

Will you not being there for your relative put them in danger of harm? When you go back to your manager about this (or their boss or HR or all or any of them) be explicit in what will happen if you are not there.

I struggle to speak to them. Always feels like I’m an unconvince.

If you can make the time up and complete the work, there’s no reason why they should be refusing. You’re going to have to say this to your manager and challenge them, which isn’t very nice but if you’ve got to have this time off, then you’ll have to be a bit heavy handed and forthright. Long term, I’d look for another job as you don’t want it to be a battle every time you need to take time off. I worked in a company like this once and leaving was the best thing I ever did.

Its for anyone who relies on you for care not just dependants. They also can't ask for evidence and can only push it back for four weeks if inconvenient

Put it in writing. In an email. You definitely need a trail.

What difference if I put it in writing? They just say business needs?

There is definitely a difference if you put things in writing.

You have statutory rights which they have a duty to uphold. If you set out your statutory rights in writing, and explain why you don't think your absence would cause undue disruption, then most employers will be well aware that their response could be used as evidence in a future employment tribunal, and they will not want to provide you with written evidence of their non-compliance.

"Business needs" is too vague and isn't an adequate explanation. They need to set out why your proposed absence would cause "undue disruption".

If they don't give a clear reason, you could submit a formal grievance in relation to their failure to uphold your statutory right to carer's leave, assuming that you haven't already exhausted this entitlement through previous absences. However, I don't know what the timelines are here - a grievance process might not be concluded before you actually need to take the time off.

Is it a disabled child going to a medical appointment? In that case I dont think they can refuse

How much do you actually need the job?

If your disabled dependant really needs you and there is genuinely no other option for meeting their needs, then I think I would be inclined to let the employer know that you will have no choice but to take the time off as an unauthorised absence. You will likely be disciplined for this, and I suppose you might even lose your job over it, but personally, I think they would be on very shaky ground if you could demonstrate that they had failed to fulfil their legal duties towards you as a carer.

Check your contract, my company gives 7 days unpaid carers leave per year, you can also have unpaid time off for dependants

Being ‘busy’ isn’t a reason for them to disallow leave. If it is that they have say a maximum of 3 people allowed off in the team at any one time and you having the day off would put them above that limit then yes they can refuse it. We have a maximum level of people allowed off in our team BUT this is also assessed on each request, often 4 people are off at the same time on authorised leave.

Put your request firmly in writing in an email, copy in manager and HR and explain the circumstances you require leave for, the relation of the person to you and that they are a dependent. And I would also check what it says in your contract.

Honestly - I hate managers who behave like this. Flexi working is great - having it retracted as and when they feel like it is just demotivating.

That link relates to emergency time off for dependants, which is unfortunately different.

The OP isn't responding to a crisis, she is asking for planned time off. This could be covered under carer's leave, or parental leave if the dependant is her child. The employer can refuse requests for time off at a particular time, but they have to give valid reasons for refusing and they have to let the employee take the time off at another time instead (which might not be of any use in the OP's situation).

Damn, I must have got my pages muddled. Will ask MN to delete!

Is this the first such request you have even made ?

Although OP is entitled to carers leave by the sound of it, her employers are also entitled to delay the leave if it would cause serious disruption. As there is no one else in at that time I imagine that would be their argument.

What flexibility have you asked for/been given, compared to others?

If much more flexibility has been given to other employees and none to you it may be worth a deeper conversation with HR about the situation as a whole.

HR have said if manager says busy - then it’s too busy.

others have had flexibility yes. They gave me flexibility in the beginning then stripped it away.

The originally gave you flexibility - how much have you used that?

is there a chance that you have had so much flexibility that others are being impacted and getting fed up and complaining?