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Original poster

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:
Umbrelladilemma · 02/02/2016 18:34

OP, what is your employer's policy on this? Do you get paid if you take a day off to care for your ill children?

Dreamonastar · 02/02/2016 18:35

It's legal; in fairness I've only known one person take the piss with days off for sick children though.

FannyGlum · 02/02/2016 18:38

It is becoming more common in teaching. The issue is that teachers aren't able to use annual leave like other employees. When I was a teacher my husband nearly always took time off to look after poorly children, for that very reason- he could use annual leave and I couldn't.

It used to be that most schools had discretionary 5 days for this, but in financial hard times this is no longer the case.

redhat · 02/02/2016 18:40

If your wife calls in sick when in fact her children are sick and she is well then she could be dismissed for gross misconduct. It's really bad advice and is fraudulent.

anyoldname76 · 02/02/2016 18:40

yes its legal and normal, why should anyone get paid for taking a day off to care for a sick child. maybe you should share the burden and alternate whose turn it is

DontKillMyVibe · 02/02/2016 18:40

Yes, it's legal. They are not deducting pay from her - they are just not paying her for a day that she was not in work. Emergency leave is normally unpaid. Presumably your wife's employers would also have to pay for a surplus teacher for any days that your wife is unexpectedly not in work.

Does your organisation pay it's employees for emergency leave? Why can't you take time off to look after your sick child?

briss · 02/02/2016 18:41

Can't you take a day off rather than working from home?

MidnightVelvetthe4th · 02/02/2016 18:41

Unpaid leave here, never expected to be paid for the day as I'm not there and also leaving them in the lurch at very short notice...I'm not a teacher...

RoosterCogburn · 02/02/2016 18:42

In a school with ten teachers if each one took 4 days a year because a child was ill (and some may have several children and require more time off) that would cost the school over £7,000 in supply cover.
If they pay staff to stay at home they have to lose that money from elsewehere and nowadays there isn't any spare money.

Stylingwax · 02/02/2016 18:42

Can't she use holiday days? I don't see why people with children should get days off when those without children can't to be honest... (I have two children.) my partner gets pay docked even when he's sick (even when he recently injured himself at work).

briss · 02/02/2016 18:42

Yes it puts 'all the pressure on' you because you are as much of a parent as your wife is.

Stylingwax · 02/02/2016 18:43

Ah sorry just saw she's a teacher so can't use holiday. But to be honest same thing applies.

briss · 02/02/2016 18:44

If your wife calls in sick when in fact her children are sick and she is well then she could be dismissed for gross misconduct. It's really bad advice and is fraudulent.

^this

FlopIsMyParentingGuru · 02/02/2016 18:45

To be fair, they aren't getting any work from her on those days

lorelei9 · 02/02/2016 18:45

"unprogressive"?

I can think of many ways in which workplaces can be "unprogressive" but paying someone to look after their child when ill isn't one of them.

I know some places have paid leave for domestic emergencies - covering this sort of thing to "my home is flooded" but in my experience it's only offered when work or time can be made up. A teacher can't make up for a day of missed teaching. And the school has to employ cover, presumably?

PurpleDaisies · 02/02/2016 18:46

Surely it would just lead to resentment if parents were allowed paid days off to be with their sick children? I'm not suggesting it's anything like a holiday when you're looking after a sick child but in effect parents would end up with more days off than people without children.

InMySpareTime · 02/02/2016 18:46

You say you WFH for 2/3 of the DCs sick days, and that your DW takes 3 or 4 days a year.
9-12 days sick a year is a lot! My two haven't had that many in total between them in 9 years at school.
Can you call a friend to look after sick children in term time, and in return DW could look after their DCs for an equivalent time in the school holidays as a reciprocal arrangement?

DakotaFanny · 02/02/2016 18:46

I'm a teacher and, fortunately, do get paid on a compassionate-leave basis if the kids are ill. You only get as many days per rolling year as you work though- so 5 days in any year for a full timer.

When kids got Chicken pox in quick succession I had pay docked for going over my limit...fair enough I guess. I questioned how single parents coped, having to cover all children's absences alone and was told by the deputy head (in charge of cover) "they phone in sick for themselves." Hmm

But also, the point remains. How do people without great support networks, or with children with lasting conditions cope?

I guess my school have a good balance- I didn't realise not being paid was the norm.

annandale · 02/02/2016 18:46

Normal though horrible. It's one of the reasons why second wave feminism only really gained ground once there were a decent number of vaccinations for common illnesses.

Sounds like you do a lot of the burden. Probably something you should aim towards saving for as a family is a fund to cover the days you can't do.

PennyHasNoSurname · 02/02/2016 18:47

But if your wife in not in work then they have to provide supply. So it would cost them almost double for that day. It is not their burden to shoulder when the kids are poorly.

hopelesslydevotedtoGu · 02/02/2016 18:48

I work in the nhs and ask to use my annual leave, or if not count it as unpaid leave.
Some employers do offer paid leave which would be defined in her contract.
It is frustrating as a parent, especially if you have several children, or a long illness.

Sparklycat · 02/02/2016 18:49

Yep I teach and it says in the burgundy book (teachers terms and conditions) that you get 2 days off for a sick child a year then all others are unpaid.

Pooka · 02/02/2016 18:49

3 or 4 days in term time, but easier when kids are (inevitably) sick during school hols. If you do 2/3 of the days, then really she's only having 1 or 2 unpaid days off a year.

Do has been off today with youngest. If he's still unwell tomorrow then I will be working from home.

DrSeussRevived · 02/02/2016 18:49

Another one saying this is standard. Presumably your wife covers any sick days during school holidays, so that must reduce the potential burden on you.

If I can't work from home, I take annual leave; if not, i would need to take unpaid. Some employers offer more just as some ( including teaching) offer enhanced maternity pay. It's optional though.

pieceofpurplesky · 02/02/2016 18:49

Love the concept of teachers working to rule Hmm
It's common that teachers lose pay - we get till 10 am to sort cover and be in or we are docked a day's pay.
It's tough being a single mum in these situations ... Luckily if my parents are here and not away they will help out.