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ANY EMPLOYMENT XPERTS IN?

11 replies

mummyOFone · 06/03/2006 12:59

I am 2wards the end of my additional maternity leave, and am finding it hard to cut my apron strings!!! so, I asked for parental leave, apparently I am only allowed to take in blocks of 4 wks....I was hoping to take another year off......does any1 know if I am able to take unpaid or shall I resign??? HELP pl!!!

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mummyOFone · 06/03/2006 13:09

PLEASE HELP!!!...I HAVE TO MAKE A DECISION 2DAY!!!!!!!!!

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uwila · 06/03/2006 13:22

I think if you do not return to work at the end of the 12 months that they can let you go on the spot.... not sure how the parental leve works. What are the parental leave resrictions? How much are you entitled to? And why would it have to be taken in 4 weeks blocks. If my kids are sick and I've used up all of my holiday, I can take parental leave that day (unpaid).

blueshoes · 06/03/2006 13:38

MummyOFone, I am not an employment expert, but I will give my 2p worth, if only to bump this up.

I don't know whether parental leave is a statutory right and if so, the conditions that come with it (perhaps an employment expert can help).

In my company, parental leave is a contractual right of every employee who has worked for more than a year. It is a total of 13 weeks (unpaid) for each child under 5 years and must be taken in blocks of 1 week, subject to a max of 4 weeks a year. It is subject to prior approval, so not an automatic right that it will be granted. Perhaps you could check your terms of employment for the specific details in your case.

Uwila, the leave you are referring to is called family and domestic leave in my company's case. I get 5 days of emergency unpaid leave a year eg to deal with childcare/family emergcencies. This is not subject to prior approval.

MummyOFone, unless the terms of your employment specifically allow, I don't think the company is legally obliged to to give you one year' off. But see if you can apply for sabbatical leave under the terms of your employment (again, if available, could be subject to approval and other conditions).

Alternatively, you could make an application under the flexible working regulations - bear in mind, no teeth - to make your return more manageable. Your company is under a legal obligation not to sexually discriminate against you just because you now have a child, so they do have to tread carefully as well, in considering your application for parental leave, sabbatical, flexible working etc - again, employment experts, help!

I would put resignation as the last resort. Don't solve the company's problem for them by doing so. Push to get approval for unpaid leave, whether under the terms of your contract or outside, in a specially negotiated bargain. Who knows, the company might pay you off or you might be made redundant - dunno if that is a good thing for you, but at least, you don't give up your rights.

mummyOFone · 06/03/2006 13:44

Thanks very much Blueshoes, I've just emailled personnel for unpaid for a year.....see how that goes down!....

I am entitiled to parental leave but a max of 4 weeks in a year

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missseagull · 07/03/2006 14:21

You don't need to be an employment expert on this...blue shoes has it pretty much right (and I work in HR).

You might want to ask if it is possible to use your full parental leave at the end of your maternity leave, although that will leave you stuck if you wanted to take some at some point in the future and be in the realms of management discretion (I know lots of people don't like that phrase but sometimes that is the case).

Just in addition to what Uwila said - it's not so much let you go on the spot, a reasonable employer would investigate the reasons for you not returning to work if for example you just didn't turn up, but given the fact that you are in contact the best thing for you to do is to continue your discussions. If you do get anywhere with taking a break I would also advise to read any small print, breaks like this can be on the grounds that the company can not guarantee re-employment at the end of the leave, and if that is the case in a years time if they can't hire you back you may be unexpectedly stuck!

Good luck!

mummyOFone · 07/03/2006 16:54

Thanks Misseagull - they have now sent me a form to request 3 months unpaid leave..;..but, i am finding it difficult to fill in: Reasons/explanations for the above request.

Any ideas??.....

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clerkKent · 07/03/2006 17:00

Just say what you feel - you want to spend more time with your sprog while he/she is still so young etc.

It might be a good idea to find out if the company ever lets people take more than one period of 3 months consecutively.

mummyOFone · 07/03/2006 17:09

fanx Clerk....naaa 3 months is the maximum amount (sad)

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blueshoes · 08/03/2006 09:33

mommyOFone, agree with clarkkent that there is probably no magic to what you say. But it could put you in a better position if you could somehow make your case a bit special eg your lo is demanding, still bf-ing, or clingy or family circumstances that make it difficult for you to return to work.

Once you have got approval for your 3 months' leave (fingers crossed), I don't know how you feel about this but you could consider submitting an application for flexible working, if you think that could be your cup to tea. Your lo will be 3 months' older and things could be different then. I wouldn't leave it to the last minute because it can take a long time to go through the process - more forms, meetings etc.

I know it is a lot of hassle and you will have to start looking for childcare at the same time. But if you really want to keep the job, this is probably what I would do. Otherwise, once the 3 months' are up, you could find that you have run out of options with the company and have to resign.

missseagull · 08/03/2006 17:14

Availability/problems with arranging suitable childcare has been known to work before...

mummyOFone · 09/03/2006 16:44

fanx guys I am gna snd it in nw - fingers and everything else crossed!!!!

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