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Original poster

parental leave denied

675 replies

user1471461798 · 03/03/2018 20:23

I work term time only and requested parental leave for 3 weeks as my daughter leaves school this year and we plan on going to Florida as it’s less money than school holidays. Anyway my employer has rejected it , stating I have enough holiday throughout the year. My argument is I am entitled to this leave and have spoken to Acas who agree with me. I should add that my job entails covering for others, sickness, days off to look after their children and also holidays! How do I deal with this?

OP posts:
roundaboutthetown · 04/03/2018 09:54

I get all the leave I want and need for children's medical appointments, music exams, funerals, sickness, family weddings, etc. If I were to add 3 week holidays in Florida during term time in a term time only job to that I would 100% be taking the piss.

paniconthestreetsofdreams · 04/03/2018 09:54

Not a loophole. An actual employment right.

🤣 honestly what is it with people?

FormerlyFrikadela01 · 04/03/2018 09:54

By not being there to use, you are saving the schools money but giving the unsupported staff who do not have enough cover a nervous breakdown trying to do too much work, and not enabling schools to run efficiently because they don't have enough staff...

So the OP is.now responsible for the mental well-being of other staff she covers? What on earth do they do if OP is off sick? That's an awfully large burden to place on someone... can't have time off with the flu because Jill might have a nervous breakdown Hmm

Slartybartfast · 04/03/2018 09:55

can i say if you do resign you normally can't leave mid term.
if you do you end up having to pay them money
might not be worth the cheaper Florida trip if you are paying back?

BakedBeans47 · 04/03/2018 09:55

The OP is trying to find a loophole so she can go on holiday.

No loophole. She’s trying to assert her statutory right to take parental leave.

paniconthestreetsofdreams · 04/03/2018 09:56

Not taking the piss. A legal entitlement. Want to bash anyone bash the person that made the rule.

Still not sure how you can't comprehend this?

catkind · 04/03/2018 09:56

If you're on a term time only contract I'd expect there will be some pro-rata-ing of your 16 hours a week over the year, less standard holiday entitlement, to calculate how many hours maximum parental leave you can take.

Don't see how you can not be entitled to parental leave though. Or how it could be cheeky to ask to use your legal entitlement.

I think many posters have not understood what parental leave is. Shame as they may be missing the opportunity to use it. It's not emergency care leave or anything like that. It has to be booked in advance, in chunks. It doesn't count as part of your "holiday" entitlement, it's unpaid leave. People often do use it for travelling, or for settling child into school, or to extend paternity leave, or to help cover school holidays. Using it to care for a child in hospital would be slightly cheeky as you wouldn't be able to agree dates in advance which you are supposed to, but in the circumstances I imagine any decent employer would let you anyway, or find another way to grant paid or unpaid leave.

Willow2017 · 04/03/2018 09:56

Ricky then your company is wrong as its up to 18yrs.

youarenotkiddingme · 04/03/2018 09:58

Round but the point is parental leave isn't for hospital appointments it's to spend time with your child. Which is why the op requested it.

I use it for appointments as it meant employer has a statutory duty to provide it and cannot use it against me.

Teateaandmoretea · 04/03/2018 10:06

Don't you have to take parental leave in full weeks so it is completely unsuitable for hospital appointments?

I think all this 'cheeky' stuff is interesting. I always worry about booking parental leave (I have booked 3 weeks this year). But not sure why tbh. One reason might be that hardly anyone ever uses it.

OP I think yanbu but I will bet my bottom dollar they will tell you that you have to take it at a different time. I certainly wouldn't tell them about the holiday.

hereyougosuckmyassforensics · 04/03/2018 10:10

It does say that the employer can refuse a request if it would cause serious disruption to the business, and if the OPs contract says NO TERM TIME LEAVE then surely this qualifies as serious disruption to the business?

I'm not sure what part of "no term time leave" is so confusing.

Just go on your holiday when it's not term time, simple. You already get way more time off than most people (21 days a year is quite common!) so yes, I do think it's taking the piss.

youarenotkiddingme · 04/03/2018 10:16

If your child is disabled you can take parental leave a day at a time. This is meant to help parents of disabled children. But the reality is we end up using it for another appointment which involves long travel, expensive car park fees and a bribe of a maccy ds if their cooperative and other costs - including a whole days wage.

A hospital appointment isn't really a 'spend time with your child' parental leave usage. Although you inadvertently spend many an hour entertaining them constantly whilst you wait 2 hours for your appointment Grin

paniconthestreetsofdreams · 04/03/2018 10:20

I'm not sure what part of "no term time leave" is so confusing.

They can't deny it. Only postpone it to the most suitable time within six months.

Hope that helps.

Fairenuff · 04/03/2018 10:24

Then surely they will postpone it to the next holiday when OP isn't working anyway?

paniconthestreetsofdreams · 04/03/2018 10:25

No. Obviously they couldn't do that. 🙄

Fairenuff · 04/03/2018 10:29

Why not?

FitBitFanClub · 04/03/2018 10:30

So, I'm a teacher and presumably am also entitled to take this parental leave. As it's my legal right to do so, I presume none of the parents of the kids I teach will have a problem when I bugger off on holiday with my kids for three weeks in the middle of the school term.

Willow2017 · 04/03/2018 10:30

If op doesnt work outside term.time then its not parental leave is it? Its just her normal non contracted hours.

How can other employees (in the same job as her) take time of which op has to cover and she cant?

paniconthestreetsofdreams · 04/03/2018 10:31

Seriously?

Because it's leave you are entitled to in addition to holidays.

Obviously they cannot force you to take unpaid leave during a paid holiday.

paniconthestreetsofdreams · 04/03/2018 10:32

*So, I'm a teacher and presumably am also entitled to take this parental leave. As it's my legal right to do so, I presume none of the parents of the kids I teach will have a problem when I bugger off on holiday with my kids for three weeks in the middle of the school term.
*

Of course they will fit bit. This doesn't negate the fact however that you are perfectly entitled to it.

Fairenuff · 04/03/2018 10:33

I think in OP's case she will be fine because they can't refuse and didn't defer within the 7 day timescale.

But it is interesting that teaching staff can take leave during term time.

Willow2017 · 04/03/2018 10:35

fit
What you chose to do or not has nothing to do with it.

Op has a legal right to do this. Her other colleagues have done it so why cant she?

ineedaholidaynow · 04/03/2018 10:35

How do the other people you cover for get their leave agreed? I assume as you are supply you have a different line manager, and their line manager will be directly linked to their school.

Does your line manager not realise the discrepancy, that the people you are covering are getting parental leave, as assume they must be using that rather than annual leave if they are on term time contracts too?

bruffin · 04/03/2018 10:37

When we looked at going to US June/ July it really wasnt any cheaper than school holidays. W

bruffin · 04/03/2018 10:38

We ended up goung late august and coming back mid september