Is this discrimination?

[mixedmamameansbusiness]

A little background.

I have worked in my part time role since Sept 2009.

In December I had a number of days off due to flu, totally approx 3 days. I went into work each time and was sent home by my employer as I was deemed too ill to be in the office.

At the end of January both of my children got chicken pox. I was forced to take 7 working days off as my backup childcare (ILs) had not all had chicken pox, otherwise I would have sent them to them.

Friday - my son had a temp and vommitted. he was very clingy and DH and I did not think he would make it to ILs so I took the day off and honestly told them the truth (rather than say I was ill and get paid).

My children have had flu etc since Sept also but each time I have sent them to ILs rather than take the time off.

I appreciate it is now 8 days due to child related issues, but had my ILS all had CP I would not have had that time off and it would just have been the day. They are aware I normally send DC to ILS when ill.

Today my boss has come up to me this morning and said that my children are becoming an issue. He said in no uncertain terms that they are running a business and I have had too much time off relating to the DC. I explained that had it not been for the CP this would not have happened. He said it was irrelevant and whilst they love me he wasnt sure they could accommodate me. He then said we may need to have a meeting to discuss whether they could accommodate an employee like me.

In November he informed me that if I went ahead with an operation for my foot that was scheduled for Dec then they may have to let me go. Despite the fact that I would only be off for 2 working weeks(6 days) as we would then be shut for 2 weeks over Xmas and then would have come back on crutches two weeks early as DH drives me. I cancelled the op.

My question is where do we go from here. I CANNOT prmoise I will never be off with my children again and my job may even be at risk over this. I dont want to be here today as he was incredibly rude and dismissive this morning as well. He more or less said it cant happen otherwise we will get rid.

Any help appreciated.

ring acas

Ask to see a copy of the company rules on parental leave or check

parental leave

I havent been here for a year that seems like it may be a problem.

Flowery would be the one to put a shout out for.

Parental leave is different from emergency carers leave. Parental leave needs to be booked in advance.

Carers leave is usually one or two days, unpaid, to allow you to make alternative care arrangements. There is no official time limit on it, but the general concensus is that as it's emergency leave is it only applicable for a few days. Most employers would expext you to have other cover organised after that.

You are right, being employed less than a year may complicate things.

It seems like the emergency leave may apply as with both cases of CP I took the first week (in my case 3 days) and then arranged for family to take over. I did not take 2 full weeks off for each child. As soon as the contagious element passed I came back to work.

Here's the stuff about emergency leave. It's for a day or two to sort out alternative arrangements, not to care for your children yourself. 7 working days is a lot, but it seems from your more recent post that it was two separate occasions, is that right?

You can't be dismissed for taking emergency time off. Did you actually take this time off as that, I mean was it unpaid and classed as emergency leave, or was it put down as something else, sickness absence or holiday or something?

If you are dismissed for taking emergency dependents' leave, it's automatically unfair, regardless of whether you have a year's employment or not.

What about your DH though? Is he doing his fair share of taking time off? You do have rights as I've explained, but I do have a wee bit of sympathy with your employer if he is seeing you being the one to take time off every time there is a problem, rather than taking it in turns with your DH.

I am not sure what they classed it as, but it was unpaid (altho they offered for me to take as holiday).

I took 3 working days with DS1 chicken pox and then went back to work for 3 days the following week and then DS2 got CP and I done the same.

Had the CP not occurred I would not have been off at all except for Friday which would have been the first time.

I appreciate what he is saying I really do but when they have clearly heard me saying DSs are ill and have gone to ILs or my mum has come to look after them they know I wouldnt take it off unless abs necessary.

I even asked for them to email me an email I had got on Wed so that I could complete an element of my work at home, but they didnt bother.

I came in when clearly I should have been at home.

DH has not taken any of the time off with them no. He would not be any good at looking after them when sick, but push to shove I guess he could have done it. But, he earns more than I do so it wasnt financially viable that he doesnt get paid.

They havent said anything else but his manner was just so rude especially since I feel i have made concessions with this role in not being able to have my operation etc.

If they ask me to swap shifts to cover absence I ALWAYS oblige. It has been unfortunate that this all happened within a few months if it had been spaced out it wouldnt have mattered so much. I just think he is wrong to make me have to chose and letting me know my job is on the line i feel is harsh.

Thx for all the advice tho ladies.

I agree his attitude is not good at all. And as I say, you can't be dismissed for taking emergency time off. Tell him that at the meeting.

But your/DH's opinion about how good he'd be at looking after his own children when they are sick, and how much your DH earns compared to you are not your employer's concern.

Don't allow your boss to threaten to dismiss you for this, as he can't, but do consider offering that in the unlikely event of anything similar happening again, your DH will take his turn. That's only fair, on you and your employer.

flowery - you are right. I realise it isnt his concern. I will make sure he realises that he I feel he shouldnt have spoken to me the way he did, but will also make sure I mention about DH.

2009?