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Original poster

can job sack me over missed time due to son being sick ?.....

38 replies

morninggirl · 30/05/2008 09:39

my overly worried mind has kicked in this morning and i'm hoping someone here can point me in the right direction/s on this.

ds, since easter, has had chicken pox (i had to miss time from work because of this, 4 days i believe), he had an eye infection (pink eye) in april (which again i had to miss 3.5 days) and this week, he's got an ear infection (so i've missed 4 days). when i phoned my job this morning to let them know that yet again, i would not be in, they mentioned having to talk to me about my attendance record (which is usually stellar, minus for the times i've been poorly, but i usually try to work unless i'm really bad).

this is the first job i've held in the UK and i dont know about employment laws.

i know these are valid reasons and my job also knows i have no friends/family local enough to watch my son when he is poorly and unable to attend nursery.

sigh... i guess i'm just worried about this, as it took me quite sometime to find this job (albeit, it's only part time, but still.)

thanks in advance...

added: if they can't legally sack me, what can they do, if anything?

OP posts:
cornsilk · 30/05/2008 09:49

What is your job? Have you tried ringing the CSA?

Original poster
morninggirl · 30/05/2008 09:50

shop assistant, non-management.

CSA?

OP posts:
hercules1 · 30/05/2008 09:51

How many days do you work? No idea of the legal side but if say you only work 3 days a week then it would be more noticeable having a few days off iyswim than if you worked 5 days.

lulu25 · 30/05/2008 09:51

(did you mean CAB? - citizens advice)

nervousal · 30/05/2008 09:51

You'll need to ask them about their absence management policies - should be either in your contract or in a separate policy.

cornsilk · 30/05/2008 09:52

csa - DUH! I meant CAB!

PeachyWontLieToYou · 30/05/2008 09:52

its acas you want for the info, they have an excellent website

usually you'd get a warnong at the early stages

Original poster
morninggirl · 30/05/2008 09:55

i work 20 hours a week over 5 days.

ahh CAB, i haven't yet, but will try ringing them. and i'll dig out my contract.

ACAS has a really good website, thanks Peachy..
i'm able to go back to work tomorrow as ds's father can look after him, but i dont want to spend the next 24 hours worrying about this....

OP posts:
MegSophandEmma · 30/05/2008 09:56

No its called "Time off for dependants".

Acas are brilliant with this information.

lackaDAISYcal · 30/05/2008 09:59

legally, you are allowed to take reasonable time off to deal with your shild's immediate illness, ie take them to the doctor, and be with them while you arrange alternative childcare.

I think it all comes down to what your employer deems to be reasonable time off. a few days here and there should be acceptable to most employers I think.

If you are looking at longer periods of being off, you are entitled to parental leave of 13 weeks to be taken before the child's fifth birthday. this leave is unpaid and needs to be agreed with your employer.

some more information can be found on www.direct.gov

PeachyWontLieToYou · 30/05/2008 10:00

contracts vary: dh's says reasonable is a max of 2 days a time after which childcare should e found

not always that wasy ov

saltire · 30/05/2008 10:01

Well the company i work for - also as a shop assistant - have told me that I have to have a disciplinary because I have had 5 days off work in 7 months, and one of them was for DS2 being ill. They have included it in my "unauthorised absence" record. I didn't think they could though.
I have been told any more time off in the next 6 months, even if the children are ill, then I will face possible sacking!
I'm like you, other than DH there is no one else to watch the chldren,

lackaDAISYcal · 30/05/2008 10:03

I'm sure my contract says two or three days, but it obviously depends on the circumstances.

lackaDAISYcal · 30/05/2008 10:04

saltire, they can't do that

you should see the CAB or ACAS as well.

Original poster
morninggirl · 30/05/2008 10:04

one thing my employer does know is that arranging alternative childcare is not an option i have (unless ds's father would take time off from work)

i suppose i'll just explain it to them (again) what the situation is and that when something happens with ds, it will be down to me to deal with it.

i thnk part of it is that i worry they might think that i've just taken time off and that my son isn't sick (which of course, if i ever had to, it could be proven with his doctors records, he was sick on the days i missed, as well as missed time from nursery.)

OP posts:
areyouthereMNtismeMargaret · 30/05/2008 10:06

You are allowed to take time off for dependants ,you should both go and see the CAB.

Good luck .

Original poster
morninggirl · 30/05/2008 10:09

i'm trying to get thru to the CAB now on the phone...i cant do the drop-in today because of ds being poorly

OP posts:
RibenaBerry · 30/05/2008 10:10

Moringgirl, how long have you been in your job? If it is less than a year I am afraid that you have no unfair dismissal rights and so your employment can normally be terminated relatively easily.

Assuming you have a year's service, you have more rights. However, I don't think you are going to like my answer about your absence. 12 days absence (i.e. the 11.5 you had already taken plus a least another half day today) is a really large amount of absence to take in just over two months. I realise that there are good reasons, and I know how you can get a run of illness with children, but your work probably do have the right to give you at least a warning for this level of absence.

I can see that other people have referred to time off for emergency care of dependents. This right does exist, but it is only for the emergency. E.g. if your son is ill this law might let you take a day off to arrange alternative care. It does not allow you to take a full four days off to care for him through the illness.

I realise that this is all really tough. I know that the law doesn't much help employees in this situation, but that's the brutal truth of what the law says. My best advice to you would be to take the warning on the chin and promise to try and do better in future.

Sorry.

PeachyWontLieToYou · 30/05/2008 10:12

rb gives good advice

if you still want to talk to someone, the acas site has a helpline

Original poster
morninggirl · 30/05/2008 10:16

i've not been there a year. october will be one year.

i'd rather the truth honestly. but in light of all this, i have to make it quite clear to ds's father that in the future, it cannot be solely me who takes the time off (not to mention, he would get paid for the time off, and i do not.)

a warning i can handle, but one thing i do not want to do (besides the obvious) is end up with a poor record when it comes time for this job to be referenced, as it is not my plan to remain in this field.

all i plan to do is explain to them my situation and see what they say.

OP posts:
Original poster
morninggirl · 30/05/2008 10:20

my contract says really nothing about on this..it's quite short on it (and says to contact HR if you have more questions!)

OP posts:
edam · 30/05/2008 10:25

Ripe is right but I do wonder whether penalising employees for taking time off when their dependants are ill could be deemed sex discrimination. Because it's women who tend to be the primary carer. And sex discrimination is actionable however long you have been there.

Do look at the link someone has posted AND join a union so you can have some specific advice and an informed representative at any disciplinary meetings. Think the shopworkers' union is USDAW. (You are entitled to take a friend into any disciplinary meetings, doesn't have to be a union rep.)

RibenaBerry · 30/05/2008 10:28

If you haven't been there a year then you are in a bit of a risky situation. I totally agree that you should go in and explain your situation. I would acknowledge frankly that it has been a lot of time off in a short time and that you know that that needs to be addressed. I would even say specifically that you have spoken to your DH about taking more responsibility if illness issues come up in future.

In terms of time off, that isn't always put in a reference. Even if it is, it you can make sure that your attendance record is good for the rest of your employment, it should not count against you. I might worry about hiring someone who had had lots of time off recently, but someone who had a period of lots of absence 12 months ago would give far fewer concerns.

EffiePerine · 30/05/2008 10:30

I think you have to have a strategy in place for dealing with this - 11.5 days in two months is a lot and would raise eyebrows in my workplace. Is there anyone who could help with emergency childcare?

Original poster
morninggirl · 30/05/2008 10:32

well, the meeting is liable to be tomorrow!
monday at the latest. unfortunately,i dont have anyone i could bring with me

OP posts: