Active discussions

Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Talk
Work

Chat with other users about all things related to working life on our Work forum.

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:
Icomehereseekingpeas · 05/03/2018 16:08

ODFOD @FitBitFanClub.
Actually I think your neighbour could have you on a charge of something for doing that. You don't have a "right" to do that at all. And why are you so frigging bitter? Wind your neck in, you sound nasty.

FitBitFanClub · 05/03/2018 16:25

Well, someone needs to tell the MN massive that then, as every time there's a thread about boundary hedges, that line is trotted out.
And I am fed up to the back teeth of so many people who are so keen to trumpet their rights and responsibilities in life, regardless of the effect it might have on those around them. I don't see that that makes me nasty. I think the OP's attitude is unpleasant, actually, and she's been cheered on by many on this thread. Yes, I know that technically in law she appears to have a point, but that's not everything in life. She said early on in the thread that she wanted to go on holiday in term time to save money but wouldn't be allowed to, but had found this thing called parental leave which might make it Ok. I acknowledge nothing is written in law about what one can or should do with the leave (how could they specify, really) but I expect the original intention was quite different.

TrashPanda · 05/03/2018 16:47

You don't have the right to chuck clippings over the hedge when you cut it. You have the right to trim branches that overhang your property and then a responsibility to offer them back to the owner of the hedge/tree. If they want them you must return them, if they don't you should dispose of them responsibly.

OP your manager completely screwed up and I can imagine HR are now fully working on damage control. I don't see any way they can possibly ask you to change the dates as they haven't followed the rules for this type of leave. Unfortunately I can't imagine your manager being happy about being proved wrong which may make your working life very uncomfortable. How willing and able you are to ignore any atmosphere is going to be something only you can decide.

Willow2017 · 05/03/2018 17:03

It isnt dickish to take leave that is your right. Op has repeatedly said she has covered co-workers doing this so why is it different for her?
Nobody seems to be able to answer this.

HunterHearstHelmsley · 05/03/2018 17:07

Can I just clarify - your manager said he'd declined it "on the portal". Was the request on the portal showing as annual leave or paternal leave? Just querying as he's so adamant it's annual leave/holiday.

Willow2017 · 05/03/2018 17:11

fitbit
Your posts have been pretty nasty towards op.
What she does with her pl is nobody elses concern as long as it includes her kids.
Its not affecting you and may make it much easier for the next person at her la to take it cos her useless managers will.have been educated by HR in how to.deal with it properly.
If you have an axe to grind start your own.thread.

TrashPanda · 05/03/2018 17:13

The OP's post at 8.15 yesterday said it was specifically Parental Leave requested on the portal as there is a specific section for it.

Icomehereseekingpeas · 05/03/2018 18:11

In which case her manager is clearly in the wrong here and doesn't understand how to implement the system properly.

Fitbit is just being unnecessarily nasty for seemingly no reason at all. If anyone has the attitude problem it isn't OP....

Original poster
user1471461798 · 05/03/2018 18:11

Fitbit, Do you feel the same way about parents using Parental Leave to offset childcare fees during holidays? What do you actually think it’s for? There is dependants leave for hospital and doctor app, there is unpaid leave for graduation days etc, so what is your definition of Parental Leave? Because according to you, it’s not needed, so shall we just all ignore it’s available

OP posts:
SleepingInYourFlowerbed · 05/03/2018 18:21

So those who have taken much umbrage with the OP for her reasons for wanting parental leave, what are acceptable reasons for taking it in your opinion?

Icomehereseekingpeas · 05/03/2018 18:22

What's the "original intention" of parental leave Fitbit? It's not classed as emergency leave for dependents (my employment calls that family leave), it's not for when your children are sick. So what is it for then? Enlighten us mere mortals.

leghairdontcare · 05/03/2018 18:23

There's a weird sense on this thread that time off with children isn't supposed to be fun and should only be done when completely unavoidable. Otherwise you should be in your workplace.

roundaboutthetown · 05/03/2018 18:40

user - it sounds as though your line manager has behaved appallingly (or HR are trying to cover up their stuff up by pretending they knew nothing about your request). Presumably they wouldn't want you claiming constructive dismissal for feeling obliged to resign as a result of their unlawful reaction to your lawful request...

MachineBee · 05/03/2018 18:53

Delurking. OP you are having a really rough time here from some PPs.
Our employment rights have taken years of fighting to have enshrined in law.

In my DMs generation women were expected to resign just for getting pregnant and it was legal for employers to ask this.

We now live in (slightly) more enlightened times and all these rubbishy comments about the reasons OP is requesting PL are utterly irrelevant.

OP is being a good parent in wanting to spend quality time with her daughter at a time that fits with DDs commitments (exams, Duke of Edinburgh, work).

Ok perhaps her DH dropped a brick by booking before the procedure had fully played out. But OPs line manager has been soooo out of order from the get go her DHs error pales into insignificance.

I hope you do get the leave and a fulsome apology.

It won’t happen, but under the circumstances, her employers should be trying to meet her half way on this and pay her for this leave!

notapizzaeater · 05/03/2018 19:06

I'm glad you are standing up for your rights. It is up to you how you spend the leave, I hope hr see sense.

MyFavouriteChameleon · 05/03/2018 19:07

Reasonable or morally right doesn't matter.
ITS LAW. ITS LAW. ITS LAW.
She is entitled to it. End of.
Except, as I said some pages back, the gov website says its pro rata for part timers, so I'm fairly sure that the OP is entitled to less than 4 weeks in a year as she works a lot less than all 52 weeks.

IF she works as much as 32 weeks out of 52, she'd be entitled to about 12 days (so 3 weeks off would be beyond what is allowed).
So I suspect she asked for more than her legal entitlement.
This may not be popular but, just possibly, it may be the actual, logical facts.

youarenotkiddingme · 05/03/2018 19:11

I was surprised how many people were unaware of their statutory right to parental leave at my workplace today.

It's seriously scary how little people know about government policy surrounding things such as

•Education
•parental leave
•SEND in schools and Sendcop.

It's a real example of how LA adopt local policy illegally and yet everyone flows it knowing it's a crap system - without knowing it's an illegal one!

Thingvellir · 05/03/2018 19:12

OP, I hope your HR manager is getting to grips with this behind the scenes for you and you get resolution. As I posted yesterday, my very large FTSE 100, platinum family employer of choice company (or whatever the rosette is) struggled similarly last year as my then line manager had no clue what PL was. It was resolved quickly and amicably once I got HR involved.

I said yesterday some posts here were frustrating reading, it's taken a turn for the worse again today! I can't understand why so many people seem to begrudge parents having a few weeks extra time with their children over an 18 year period. Really disappointing. And it's UNPAID. You take a salary hit to exercise this right! Also it's in place for dads and mums, it's not a female thing.

The point of PL is to spend time with your children at periods in their life when you or they need it or will benefit from it. Your DD is going through possibly the hardest year of her life academically and wanting to spend time with her in the aftermath to de-stress and look forward to her future is time well-spent indeed in my opinion.

I hope you get there

myrtleWilson · 05/03/2018 19:17

myfavourite the OP has said a couple of times that she has calculated her request in hours so it does match the gov.uk requirements.

Hope you hear back from HR asap OP

drspouse · 05/03/2018 19:25

its pro rata for part timers
So if she works 16 hours a week she gets 48 hours if she requests 3/4 of it.
Which she's done.
I work 0.8 so when I request a week's parental leave I get 4 days. As I don't work the other day, I can disappear to sit on the sofa while the DCs are in school to hold the DCs' hand every minute of the day for a full working week.

Original poster
user1471461798 · 05/03/2018 19:31

I have worked my entitlement out this way- 43 weeks at 5 days =215/52=4.13x3=12.4 days. I have requested 3 weeks, as you have to book in full weeks. I only need 2 weeks and 2 days, but didn’t get the chance to offer the days back, as it was refused, with no discussion

OP posts:
daisychain01 · 05/03/2018 19:44

It would be interesting to know what their business rationale is for the refusal. Normally, when a right is declined by the employer, for example a request for flexible working arrangement, they need to give a reasonable business rationale.

It seems they have failed even to do that, just a point blank refusal (going against their precedent of allowing other staff members to take time off during term time.)

MyFavouriteChameleon · 05/03/2018 19:48

=12.4 days. I have requested 3 weeks, as you have to book in full weeks.

So you have requested more then your entitlement!

It not for you to decide you can round it up, and by doing so you were asking for more then you are entitled to OP.

Thingvellir · 05/03/2018 19:57

They can't refuse, only delay (max 6 months), with good reason and agreement from the employee requesting.

I'm not sure what the OPs position is if they delay to a time she would not be working anyway due to school hols though

MyNameIsJane · 05/03/2018 19:58

Good luck OP! I am watching with interest. You absolutely should not be denied what you’re entitled to.

Swipe left for the next trending thread