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Original poster

Reasonable for employer 'interrupt' parental leave?

21 replies

BlueberryCheesecake · 31/05/2012 15:46

Can an employer cancel a day in a block of parental leave in the same way as they can cancel a day of annual leave if they want to?

Just wondering because my employer wants to do this and while I am happy to be helpful where I can, it really would be difficult for me because as i am on leave I don't have any childcare cover. I have taken parental leave to look after my children after all...

I have tagged a period of 8 weeks parental leave on to the end of my maternity leave partly because I couldn't get a nursery place to start until after my mat leave ends. My employer agreed to this but now wants me to travel overseas for a day during my parental leave to attend a 'transition back to work meeting'. I don't have anybody to look after my 2 DCs for a 4am to 9pm day of work like that and feel a bit peed off that they have waited until i am on parental leave to want to discuss returning to work.

I would really like to say no to their request I travel to a meeting but am frightened they will hold it against me as an example of me not being flexible and therefore not being able to do my job - it's not that I don't want to be flexible I am just constrained by needing to look after my children.

When I return to work I will have childcare in place to allow me to travel, but I don't have that now. Surely that's not unusual.

So can I refuse?

OP posts:

An0therName · 31/05/2012 16:18

I don't know the legal ins and out -but there is there really no one - assume its reasonable notice eg not next week- not your DH -assuming of course you have one, your mum, a nanny agencey for one day?
what is your back up childcare plans when you go back to work - eg if the DCs are ill etc

Original poster

BlueberryCheesecake · 31/05/2012 16:48

My DH can't take the time in question off and we don't have any family nearby to ask.

I'm sorry but I will not leave my DCs with a complete stranger from a nanny agency for the day while I go out of the country. Especially when its not for a business critical meeting that couldn't have taken place at a more convenient time. Maybe that makes me a bad employee but I care much more about being a responsible mother.

When I am back at work I or my DH will have to care for them when they are ill. Though that was really my point - I am not at work.

Don't mean to be spiky but I feel quite strongly.

OP posts:

An0therName · 31/05/2012 17:12

look I have done return to work, sorted childcare problems etc -I appreciate the diffculties I really do-but I imagine work were expecting you back by now and in my expereince being flexible sometimes does help - but if you can't do it, you can't do it,
I don't think however it was unreasonable for them to ask - quite a lot of people do keep in touch days before they come back to work -I did and found it very useful

Original poster

BlueberryCheesecake · 31/05/2012 18:47

I have other children so have done return to work etc too.

I really wanted to keep in touch with my employer and use the provision for KIT days but they absolutely refused to do so. My maternity leave is now over so this isn't a keep in touch day.

OP posts:

Jinsei · 31/05/2012 19:03

As this 8 weeks is parental leave, am I right in thinking you'll have been off for a year and eight weeks in total? Or have I misunderstood?

That's a long time, and it isn't unreasonable for them to ask you. Are you sure there's nobody who could look after the kids for the day.

If I was your boss, I'd accept your decision but I'd be a bit about your lack of flexibility, especially as your work appears to have been flexible about you tagging parental leave onto the end of your mat leave. All take and no give.

I guess it depends whether you care about how you are perceived.

flowery · 31/05/2012 19:30

Well, yes you can refuse, and they would not be reasonable to discipline you or something. Have you explored other options with them, perhaps finding an alternative date either once you're back or when your DH could take holiday? Or the possibility of video conferencing or similar?

If you show lots of willing and cooperation they are probably more likely to meet you halfway and find something that works for everyone.

GiveTheAnarchistACigarette · 31/05/2012 19:50

This reply has been deleted

Message withdrawn at poster's request.

clam · 31/05/2012 20:04

I'm not sure why using a nanny agency equates with not being a "responsible mother." They're hardly likely to be child abusers, after all.

Original poster

BlueberryCheesecake · 31/05/2012 21:53

clam I meant that leaving a 1 year old and 2 year old from 4am to 9pm with a complete stranger they had never seen before is likely to cause them a great deal of upset and anxiety. To me that is not being a responsible mother. But thats just my personal opinion. Especially as I couldn't just pop home if it all goes pear shaped.

My employer has been totally inflexible, not just with me but with everyone who dares to take maternity leave. They are pretty brutal from an hr perspective and don't give an inch with anyone.

flowery thanks for your sensible words as always. I am honestly happy to be flexible within the constraints I have. A phone call would really be much more sensible but they are reluctant to agree to this.

OP posts:

Jinsei · 31/05/2012 22:13

You say that they are totally inflexible with everyone who takes maternity leave, but I don't think they are legally required to authorise unpaid parental leave immediately after mat leave, are they?

Flowery's suggestion is a good one - ask them to change the date and get your DH to take leave to look after the kids.

AngelEyes46 · 31/05/2012 22:30

Jinsei - I think an employer is required to authorise unpaid parental leave (under the equality act). See link www.equalityhumanrights.com/advice-and-guidance/before-the-equality-act/guidance-for-employers-pre-october-10/guidance-on-managing-new-and-expectant-parents/model-policies-and-resources/parental-leave-policy/
I did what OP did had 3 DCs under 5 and took 12 weeks parental leave (4 weeks for each) after my mat leave.

So, I don't think her employer can cancel a day of her parental leave - in fact what would they do - pay her for the day she works and then put her back onto parental leave. If that happened, it could be construed as her coming off parental leave.

GnocchiNineDoors · 31/05/2012 22:38

Surely a nanny would only need to cover the hours your dh is at work....or does he also need to be out of the hous 4am-9pm?

Jinsei · 31/05/2012 22:39

Ah, ok - I'm not too clear on the rules. I was under the impression that they were allowed to delay it for a while if it wasn't convenient for the business, but maybe I've got that wrong. If they have no choice but to authorise it, that puts a slightly different slant on the OP's situation.

But I also thought you have to take it in one-week blocks, so yes, working one day in that week would be difficult.

GnocchiNineDoors · 31/05/2012 22:40

Have you done two maternity leaves back to back? Just with the dcs being so close in age.

Jinsei · 31/05/2012 22:47

And I thought that they didn't have to authorise more than 4 weeks in any one year? Is that wrong too?

Jinsei · 31/05/2012 22:55

OK, have read the link & stand corrected - they are not allowed to postpone it if it is taken straight after mat leave.

But I am still as the link says that the maximum entitlement is 4 weeks per year. So does that mean that the OP's employer has agreed to more than the statutory minimum, or have I missed something here as well?

MoonlightandRoses · 31/05/2012 23:02

Is there any way they could book you into a nearby video conference facility, or use your home PC's video link if the quality's good enough? That way, you could hire someone in for the day, but

a) the day itself would be a shorter one and;
b) you would be close at hand if really necessary

A good VC can be nearly as effective as face to face, particularly in situations where you've met the other people involved before.

baabaapinksheep · 31/05/2012 23:03

I think the max is 4 weeks per child per year, op has two children so can take 8 weeks per year.

Jinsei · 31/05/2012 23:04

Ah, ok. Fair enough then.

AngelEyes46 · 31/05/2012 23:11

Moonlight - why would op do what you have suggested? She would have to come off parental leave?

MoonlightandRoses · 31/05/2012 23:42

Was more thinking in terms of demonstrating 'flexibility' to her employer. It's more difficult for them to be 'huffy' if a number of alternatives have been suggested.

In my line of work, it would be expected that a solution will be found and the meeting held (and yes, I do agree they are being unreasonable and inflexible with their request), irrespective of the 'parental leave' timings.

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