Can DP take dependent leave for DS?

[Mooey89]

Posting for traffic!
DS covered in a rash, sore throats, temp, generally unwell.
Can't go to nursery tomorrow.

DP is step parent. He lives with us.
There's nobody else who can have him.

DP and I work in the same office - I earn significantly more than him (just saying in terms of cost to business!). Tomorrow is an important day for me, for him it's an admin day.

We have the same boss. He is normally really good at giving me a day if DS is poorly but the nature of our jobs is that some days are uncancellable!

AIBU?!

I don't know what dependant leave is but can't you check your contact/HR policy?

No whoever is most needed in work would be best to go in.

Say to the boss that one of you needs to stay home, you suggest it's dP.

I think that your boss would be happy to give your DP the day off instead of you especially if you say that you discussed it and felt it was the best option for the business.

You are being considerate. (It might be that the day off is either annual leave or unpaid leave)

A dependant is anyone you have responsibility for - generally under 16's but can include adults you care for. So your DP completely has the right to time off to care for poorly DS. He's taken on a parental role to him and that's all that matters.

Boss said I have to be the one to stay off!!! 'No provision in the policy!' He said as he isn't a legal guardian or adopted him he is not eligible?!

Your boss is wrong

"According to the law your dependants include your parents, spouse / civil partner and children.

Other relatives, friends or unrelated children who live in your home as family are also considered your dependants. This would include a grandparent or other relative who lives in the family home and also includes unmarried / same-sex partners. It does not apply to someone in a commercial relationship with you, such as a live-in employee, lodger or tenant.

Others who ‘reasonably’ depend on your help in case of an emergency also qualify as your dependants. For example, an elderly or disabled neighbour whose usual care arrangements have fallen through may require your help."

Will you get paid for the time off? Your DH absolutely has the right to take unpaid leave to care for a dependant. A dependant is someone who depends on you for care and includes children who live as part of your family regardless of whether you are their parent.

However, paid leave could be subject to different rules.

Agree with bubble - your boss is wrong. Here's a link to the ACAS page about dependent leave

www.acas.org.uk/index.aspx?articleid=3235

But, yy, the right is to unpaid leave only. Paid leave policies are down to the individual companies.

Unpaid leave day?
Where we work it has to be parent to have a dependance day I believe.

DP has found our special leave policy which states dependent can even extend to 'elderly neighbour'... so think it's fair to say a step child in your household would count!