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My wife's work deduct a days pay when she has to stay at home with our ill child

312 replies

DabbyBob · 02/02/2016 18:15

Hi All.

Just looking for some advise regarding pay rights for a teacher in full time employment - she is employed by the local council and has been in her permanent position for 12years or more.

So every time that she needs to take a day off because one of our children are ill her bosses at the school will deduct a days pay. This makes things really difficult as it puts all the pressure on me to work from home... Which i will do 2/3rds of the time, but sometimes like now (away on business) i cant take the day off.

My wife tells me that its all leagal and that they are within their rights to do this. But for me it just seems so wrong when you have 12 years working there!

I guess the simple question is: is this leagal or does my wife have some rights here?

Thanks.

OP posts:
DontCareHowIWantItNow · 02/02/2016 18:17

How often is she off?

TheClacksAreDown · 02/02/2016 18:19

Yes it is perfectly legal see here
m.acas.org.uk/index.aspx?articleid=3235

grassroots · 02/02/2016 18:19

My employer does the same. Other employers are more generous - I think its probably a case of voting with your feet unfortunately.

OrianaBanana · 02/02/2016 18:19

I believe that is legal and comes under emergency parental leave.

GinandJag · 02/02/2016 18:19

It's legal. I have only seen it enacted on teachers who pretty much work-to-rule, and do the minimum.

DabbyBob · 02/02/2016 18:20

Maybe 3 or 4 days a year.

Thanks for the replies. I thought it might be. It just makes my blood boil. Employers should be more progressive in this day and age.

OP posts:
itsbetterthanabox · 02/02/2016 18:21

Yes it's legal.
www.gov.uk/time-off-for-dependants/your-rights

Why don't you take the day off instead of working from home sometimes?

Etak15 · 02/02/2016 18:21

Where I work (NHS)we are entitled to carers leave for unseen circumstances like this, however if we have annual leave entitlement left and we had to be off in this circumstance then we would have to use one, if none left it would be carers leave - either way we would be paid. Not sure if there is a limit to how often you can do it, or if this is the same in other organisations?

Shutthatdoor · 02/02/2016 18:21

Yes it is legal.

How much time does she have off?

ineedamoreadultieradult · 02/02/2016 18:22

I'm not a legal bod but this popped up in active. My work says you are entitled to time off for dependants but not entitled to be paid for it, and they are hot on all things HR.

DabbyBob · 02/02/2016 18:22

Hi GinandJag... unfortunately its not the case for my wife, she works so hard and they really should repay her with some understanding. Like i say totally unprogressive attitude to work.

OP posts:
DontCareHowIWantItNow · 02/02/2016 18:22

Do you take time off when they are sick?

AnotherStitchInTime · 02/02/2016 18:22

This is legal. I work for the NHS and get three days carers leave then have to use annual leave or take unpaid parental leave. It was the same for DH when he was working. When I was in hospital with pregnancy and post-birth complications he took unpaid parental leave and I had to claim ESA.

TurnOffTheTv · 02/02/2016 18:23

Why can't you share the days off?

mangocoveredlamb · 02/02/2016 18:23

I am a teacher, but not in school based in the local authority. This is also the case for me. My boss applied so discretion when I was the only one with a child as my job allows me to be somewhat flexible.
However, two colleagues have since had babies, and it's now no pay for all.
It's rubbish and really puts the pressure on my DH.
Teaching is not a family friendly profession when your kids are small.

Fairylea · 02/02/2016 18:24

Yes totally legal and happened to me many a time!

DoreenLethal · 02/02/2016 18:24

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

Have a read of the article and see if it helps...

DameXanaduBramble · 02/02/2016 18:27

Yep, normal practice. Just one of those things.

redhat · 02/02/2016 18:27

I'm an employment lawyer.

Your wife is paid to work not to look after her sick children.

If she has a sick child she is entitled to emergency unpaid time off to arrange for someone to look after them. This should generally be as short as possible age half a day to collect them form school and drop them with a friend or relative.

I'm sorry but I don't understand why this is "unprogressive". Do you really think she should be given paid time off?

Berthatydfil · 02/02/2016 18:28

if your wife's school doesn't employ s supply cover or has a member of staff to step in they they will have to pay supply which will be

mamapants · 02/02/2016 18:28

Why would you expect to be paid when off work though.
I use my annual leave if children are sick or if none left I'd have to take unpaid leave.
I don't actually know anyone who gets paid for days off to look after children

Berthatydfil · 02/02/2016 18:30

Oops about £150 a day.
If they have supply insurance it only osys out after 3 days and only covers staff illness but dependants.
They may have no choice financially to dock her wages to cover the supply costs.

redhat · 02/02/2016 18:30

I have around 60 corporate clients and have done work for hundreds over the years. None of them would pay people to stay at home and look after a sick child. Some would be flexible and allow holiday to be used at short notice (but they don't have to do this). Some would allow trusted employees to take work home (although clearly that doesn't work for a teacher).

Berthatydfil · 02/02/2016 18:30

Not dependants

cansu · 02/02/2016 18:34

I think the principal reason why this is unfair is that you dont have the flexibility to cover this with holiday like others would. I would recommend that your wife considers phoning in sick herself. I await a chorus of outrage from people who will tell me they would never ever do suvh a thing.

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