Unpaid parental leave for child with SEND (Autism)

[0ddsocks]

Hi,

I am trying to figure out if I can take unpaid parental leave to attend appointments related to my child who has Autism. I have been offered a place on a course to help and advise parents for children with Autism. It is an official NHS course, but the child is not going to attend - it is to help the parents help the child.

My questions are:

1. Can I use unpaid parental leave for this? I don’t have enough annual leave but I’m concerned because the child won’t be with me on the course it won’t count.

1. According to documentation unpaid parental leave should be taken in blocks of 1 week - I only need one morning a week. The official guidance is ‘You must take parental leave as whole weeks (eg 1 week or 2 weeks) rather than individual days, unless your employer agrees otherwise or if your child is disabled’.

Is Autism classed as a ‘disability’ in this context?

Has anyone used unpaid parental leave for something like this? Or have any advice?

Thanks

You can take parental leave in single days if your child is disabled. I'm pretty sure this is interpreted as claiming DLA.

It might be helpful to add since the diagnosis is relatively recent we don’t yet get DLA although plan to apply for it

Yes, autism is classed as a disability in these circumstances, indeed most circumstances. Some individuals consider their autism to be a gift, or a gift and a disability, but in general terms it is a disability.

Yes, you can take single days and no, your DC doesn't need to be with you. You don't need to be in receipt of DLA for a disability to be "official".

I did exactly what you are suggesting. I took unpaid parental leave, in blocks of one day, to attend a Riding the Rapids course to help manage our son's behaviour and issues (he is autistic).

My line manager, who is very supportive of my situation, actually went further than the official arrangement - he allowed me to book one unpaid parental day every fortnight, and then split it over two half-days for the two Tuesday mornings I was attending the course. He's a gem

As a pp said, you don't have to be claiming DLA to have a disabled child. Claiming DLA is optional, you might have reasons for not doing so (e.g. you're a millionaire!)

This

www.workingfamilies.org.uk/articles/time-off-work/

And this

worksmart.org.uk/work-rights/family-friendly-work/parental-leave-unpaid/i-am-parent-disabled-child-what-are-my-rights

Both state you must be in receipt of DLA. I've also seen gov.uk stating that is the definition for these purposes. It isn't the same as the Equality Act definition.

Hmmm, sounds like the ‘letter of the law’ is DLA is required, but i guess it depends how my employer sees it. We’re stuck because they offer these courses (which I do appreciate) but before we get the official dx report (this takes circa 6-8 weeks to be written apparently) and there’s no chance in hell we’ll get the report, make DLA application, have it approved/denied before the course starts.

Rock and hard place

It is actually specified in the legislation, reg.15, that the definition is a child "entitled to a disability living allowance"

It doesn't say that the child has to be awarded, just entitled. But you probably cannot prove entitlement without applying for an award.

FundamentallyTired is therefore correct (and I am wrong) however it seems a little 'unfair' to me. DLA claims are taking up to 20 weeks just now.

My employer never asked for proof, so maybe ask and see what they say? Nothing ventured and all that!