Child with planned op at short notice. Parental rights to pat

[Gagagardener]

I'm asking for someone else. They have two children, both under 5. Both work in education: father full time in independent school, mother 2.5 days for County Council, teaching children who can't attend school in their own homes. They have just heard that elder child is booked in for long-deferred (2+ years) op in early March. Both children must isolate from now until two weeks after op to avoid infection. If elder catches anything before op, it will have to be deferred; afterwards he will be vulnerable because of wound. Mother thinks she will not be entitled to so much leave and v little if any pay. She had only been in post since Oct and does not want to upset her boss. Said I'd ask on here.

What about the father?

I'd like to think because the Dm is supporting vulnerable children her employer would be sympathetic, but they're often the worst! Does the whole family need to isolate or just the kids?

What does the contract say?
What is the question being asked?

Do both parents need to isolate too?

Both parents are entitled to unpaid parental leave
www.gov.uk/parental-leave

Presumably the whole household has to self-isolate? Doesn't seem much point in the children doing it if they end up catching Covid or another illness from a parent?

There is no right to time off at the time you want it, other than emergency leave for dependants which would be a day or so at the most (and wouldn’t apply here as they’ve had notice).

They are entitled to parental leave - but the employer can postpone it if the preferred time doesn’t suit the needs of the business.

A decent employer would do what they can to support this, even if it ended up being unpaid leave, and most councils are fairly family friendly so hopefully it will be OK.

Thanks. That goes with what she thought.

Presumably one parent could live separately to the rest of the family in order to keep earning. It would make more sense for the child not having the operation to stay with the parent who is staying at work in order to not have to isolate.

But surely they have had 2 years to make plans for the practicalities and save up a buffer of income to cover the unpaid leave. Why are they only making these enquiries now? Surely the father's employer has been told 2 years ago that he might need 3 weeks parental leave at some point when DC gets to the top of the waiting list, and the mum would have told her new employer the same when she got her new job. If not then why not?

They are each entitled to statutory leave to care for a dependent. It usually has to be taken in one week blocks unless the child is disabled. It is unpaid leave though.

My son required several surgeries and each time there was at least a week recovery. Mostly we used holidays but he had an emergency admission at the end of my leave year - my work made me take unpaid leave and my OH was just allowed to take off the time he needed and they paid him (but that was obviously at the discretion of his employer)

They do need to check their contracts and staff handbooks (if there is one) to see what the policies are on parental leave. Some employers offer some paid leave for situations like this.

The main issue is the lack of notice but all they can do is explain the situation and ask for the leave (paid or unpaid) and see what their employers say.

Presumably as they both teach, they are not usually allowed to take leave during term time?

I work for the local authority in a similar role and I would be granted a paid leave of absence for that.

@JudgeRindersMinder
Father has not spoken to me about it. But he is expected to work some evenings and Saturdays.

@oviraptor21
I don't knowxwhat their contracts state. One is with independent boarding school, the other with a county council.

The question being asked is what, in the opinion of those reading these posts, is likely to be the situation for professionals in education having to take leave at short notice in term time to accommodate the needs of a small child requiring a serious operation.

@Gagagardener

The question being asked is what, in the opinion of those reading these posts, is likely to be the situation for professionals in education having to take leave at short notice in term time to accommodate the needs of a small child requiring a serious operation.

And the answer is in their employment contracts which none of us have read.

They have to check their contracts/handbooks and then talk to their employers.

The option is to ask for unpaid parental leave.

It is unpaid. The employer does not need to approve it at the requested time.

@ChessieFL

There is no right to time off at the time you want it, other than emergency leave for dependants which would be a day or so at the most (and wouldn’t apply here as they’ve had notice).

They are entitled to parental leave - but the employer can postpone it if the preferred time doesn’t suit the needs of the business.

A decent employer would do what they can to support this, even if it ended up being unpaid leave, and most councils are fairly family friendly so hopefully it will be OK.

100% agree. This is the legal position.

@BuanoKubiamVej
With respect, it does not make a lot of sense to suggest that a child of just two should live with a parent whose contract requires him to work evenings and Saturdays. It has been known since before the birth of the younger child that the elder required specialist surgery. Covid delayed this. The parents both changed jobs and moved house at the end of the last academic year. I have no knowledge of what the father has told his employers.

And thank you to everyone else for your nterest and advice. I shall pass it on.