parental leave denied

[user1471461798]

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?

It has to be "significant business reasons" not just it's a negative impact! I can't imagine deferring it to any other time op is due to work would make it less of a negative impact.

So in a finance roll significant business reasons would be its requested over quarter or year end. In retail it would be over their busiest period. Or it could be because they are temporarily short staffed for the period requested due to maternity leave or such like.

@FormerlyFrikadela01 no need to feel sorry for my well rounded, well travelled, average intelligent child thanks. In my previous post I explained how I took parental leave to be at home with him following a very serious accident and on his return from hospital I wanted to be home (school had already paid me fully for the time he was in hospital). So I took time off to look after him.
I know it says that welfare is to spend time with your child BUT I still think it is wrong if it's for a cheap holiday - the OP works in a school. She will have 13 weeks to take her DD away - if it's about spending time with her daughter it does not have to be Disney

Ok, does it sound better if I said we were camping in Cornwall😉

Op why won't you answer any of the requests from various posters about what your role is? You won't be covering for teachers that are taking holidays in term time so what and who are you covering?

No Cornwall does not make it sound better. If you want to spend quality time with your daughter you could do it during your holidays, without impacting work and without losing 3 weeks pay ... just go somewhere cheaper.

I don’t want to say what. I do as some of my work colleagues use this site. Suffice to say I’m only needed between 11 and 2. My colleagues really wouldn’t mind me doing this, we are always covering for each other. I only needed advice on my managers not replying to my request in writing and in the correct timescale.

Going in August costs 4500 more than going in June, so losing 3 weeks pay at 125 a week is a no brainier, i’ve all ready said the reason for going this year is the first year we could go which wouldn’t impact my daughters schooling. to earn 4500 i’d have to work 10 months!! If i’d had known they wouldn’t treat me the same as other employees, i would have gone straight to HR or just handed in my notice, I thought i’d given them enough notice. It is 4 months away

user - do your colleagues do exactly the same role as you? Are there really so many people who work in lots of schools each week between 11am and 2pm only?

Must be lunchtime assistant. Setting up, serving and clearing up afterwards. Or lunchtime cover for 1-1. Either way, going to be missed I'm sure.

As most support staff have young children, there is always someone off, sickness, hospital app, holidays. When i’m in the school, I do exactly the same role as them, it’s just I cover a wide area, sometimes I can go 40 miles away just to cover 3 hours. Not many people want to do this. It is still my right to take parental leave, same as it is yours.

I wasn’t asking whether you think morally I should take it during term time, I was asking how to react to my employer not being legally correct. As I said if they had come back to me in the correct time frame, something could have been arranged, as it is the holiday is booked and it looks like i’m looking for another job😄

Do you know what? I don't give a shiny shit about what your "rights" are. I'm just glad I don't work with you, or anyone who has the same attitude.

probably the last time we will go as a family.
Good luck with that idea OP! Once she’s at college she’ll probably be after more —free— family holidays, but she’ll be 18 by then so you won’t get parental leave then

So according to the gov website, you can take upto 4 weeks off if you work full time, but its pro rata if you work less.

So i believe you need to do a calculation for the number of weeks you actually work, after taking off the school holidays.
For example, if you work 32 weeks of the year, you could take up to 20 * 32/52 = just over 12 days.

So perhaps you aren't actually entitled to take 3 weeks off in one year? May be worth asking ACAS again, specifically about how many days you get in a year for your work pattern.
Imo, ACAS are not that interested when you phone with enquiries and you still have a job, so you may have to push to get them to really look at your circumstances.

If you are the only person who drives around to work in different schools, OP, then your role is different from those who are based in the same school - only you can really cover the unexpected, everyone else just does their own job and goes short staffed, relies on you, or can agree but is not obliged to do overtime. You taking holiday therefore has more of an impact as it sounds like your whole point is to cover for others, whereas nobody else has to cover for others.

myfavourite, we had already established earlier that I have requested time in hours, so only 46, also I was prepared to give back 9 hours, but was never given the opportunity. All of my colleagues that I have asked whether it’s a problem have said no, as I’ve always helped them, working extra for no extra pay, dropping off items they have borrowed from other schools and buying supplies on route.

Do your colleagues have the same line manager as you, though, OP? If not, and particularly if your line manager is new, then this is only goodwill that you are aware of. From your employer's perspective, it may still seem like it is bad timing for the business and will be very disruptive because of your specific role.

I worked with someone in a similar situation. She resigned, and when they couldn't fill her position she reapplied and came back.

Same line manager, they will find it difficult to find a replacement, as no one seems to want the uncertainty of where they are working- doesn’t bother me, I have probably done more overtime hours and not been paid than i’m asking for, but my line manager would know this as she did my role before.

Sounds like supply catering cover for schools for when the cook etc is ill as the LA have staff like this.

It would be dismissal not a warning of you took three weeks of unauthorised leave with most employers let alone a final warning and it would be added to future references.

You have the right to request the leave, they can defer if it doesn't suit. You don't get to dictate it because you want a cheap holiday or your husband doesnt appear to think that school staff taking holiday term time is an issue

I keep saying they won’t defer it, they have just refused, my argument is how can I be fired for not adhering to rules, when they haven’t followed the rules themselves

they can defer if it doesn't suit.
That’s the point though, they can defer it for up to 6 months but haven’t done. No proper process seems to have been followed.

they can defer if it doesn't suit

When exactly IS it going to suit?
What if op was off sick they would have to cover that would they not?
They have refused point blank. They have NOT followed procedures, they have not given written reply to op, they have not got a clue as to how they are opening themselves up to a tribunal which they will lose, if they try to give op a final warning when they cocked it up themselves. Hr are not going to be happy when they realise what her managers have done.

@user1471461798 seems to me like they've not followed up on their own policy. You really do need to speak to HR as they have ballsed this up but not following through with the correct protocol when getting back to you.

To anyone in doubt, OP is entitled to up to a maximum of 18 weeks of unpaid parental leave if she is the parent/carer of a child under the age of 18. This a government law. I'm entitled to it. Parents of children are entitled to it. It doesn't make a person "cheeky" for taking a right that they are entitled to. Bet the government strips that right away once Brexit kicks in. Reading this thread is almost Dickensian - it's like employees are expected to doth their cap to their employers

We did discuss what would happen if they refused it, because my line manager said it would be a final warning, we agreed to go ahead

^^ sounds illegal to me. They haven't lawfully followed through with procedure and have threatened you with the sack. Definitely speak to HR, this is wrong wrong wrong!