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?

myfavourite, if you carried on reading my post, i would have offered the extra days back, as you can only book full weeks, they didn’t give me the chance- no discussion, just refusal

I wonder if they can refuse on those grounds - you've requested more than you're entitled to; and you can only book in full weeks - so really you can only book two weeks.

It'd be interesting to know if they'd approve an application for two weeks.

I know you've said you were going to offer the additional days back but I don't think that matters - overall; you have requested more than you're entitled too.

user1471461798
Of course I read your post, but your manager didn't have that opportunity, and has no idea what you planned to offer in special arrangement which is outside of your entitlement!
I don't fully understand your calculation either, but even assuming its correct, you were asking for a favour here, not something you're entitled to.

It isn't a favour. It is an entitlement.
I calculate her full entitlement per year as 3.3 weeks of 16 hours.
So she can request 3 weeks.

myfavourite, I originally requested on the 9th february, she then asked me to fill out a form on the 20th, no correspondence between, surely if the reason was the amount i’d requested was too much, she would have said when giving me the form! I did ask on the day she rejected it if she would defer it , so she had ample time to discuss it.

I'm 0.8 fte so a "week" PL for me would mean 4 days taken.

I've worked OP's entitlement out differently....

In my case 0.8 x 4 (max number of weeks allowed in a year) = 3.2 weeks. Realistically my employer would probably only permit me to have 3 weeks on the basis that 0.2 of a week would put me in the 4 week threshold and this isn't allowed under pro rata.

So op works 0.438 fte so op would be entitled to 0.438 x 4 = 1.75 weeks PL per annum which rounds down to one week as the remaining 0.75 would take the OP into two weeks of PL which wouldn't be permitted.

Someone may wish to correct me on this. I've never used PL myself so not sure how the policy applies for part timers. I'm tempted though

That isn't how it works peas. If the OP works 16 hours a week then that is what she gets off per 'week'.

I AM a part timer and I HAVE taken PL- see my post above.

The policy is Pro rata'd though so surely it wouldn't be 4 full weeks. The time off is proportional to amount of hours works.

Hi drspouse. How did you calculate 3.3weeks?

She works 43 weeks which is 0.82 of the calendar year.
3.3 is 0.8 of 4.
Each of her weeks still contains only 16 hours.
So for 3 weeks PL leave she takes 3x M-F and loses 48 hours pay.

Ah I see. Thanks

Why is this post still going on fgs- The correct answers have been given.Same questions being asked.

I read it as 'weeks' leave.

A full timer works Monday to Friday so they would be one week.

A part timer may work Monday, Tuesday and Friday so that's their working week which also equates to one week.

OP I hope you get it sorted out. It sounds as if your managers are not aware of the policies, probably because Parental Leave doesn't seem to be used very often.

Working for a LA I usually only hear of it being used when people want to extend their maternity leave.

This is taken from maternityaction.org.uk
regarding parental leave:

"What am I entitled to if I work part-time?

You are still entitled to 18 weeks’ parental leave. This will be based on your normal working week, so if you usually work two days per week you will get 18 weeks at this rate (a total of 36 days’ leave)."

For example I work 2 days per week and get pro rata annual leave which is 16 days per year which means I get 8 weeks annual leave. Full timers get 40 days annual leave per year which is also 8 weeks. Parental leave works in this way.

roundabouttown as well as sounding very entitled & perhaps a bit jealous of the OP, you are also discriminating.
The law is that all parents are entitled to parental leave. You are suggesting that all working parents, except those that have the audacity work term-time only (full or part-time) should have this.
Why is this?

OP hasn't requested more than her entitlement.

She works 43 weeks at 5 days a week in a 52 week year. So 43x5=215 days per year. 215/52=4.13 days per week over the whole year. 4.13x4=16.5 days entitlement (4 weeks)
OP needs 15 days off to take 3 weeks. She still has 1.5 days left. If she needs to take it in multiples of 4.13 day blocks then she just needs to book all '4' weeks together.

I thought from the start that parental leave in order to go to Florida would not be granted to a person who worked term time only. It's not a reasonable request.

Yes viviennemary, but then we've already established that you know absolutely fuck all about this area of law. You've plenty of company, admittedly, but your correct prediction proves only that you and OPs boss share a similar desire to indulge in legal freestyling.

The stupidity on this thread is absolutely mind blowing. Honestly, if you don't know what the law is and you've no reason to think you know, why pipe up in the first place?

I thought op only worked 16 hours a week not 5 days

OP said she is only needed between 11 and 2, so I presume it's 16 hours over 5 short days runningout. Some type of lunchtime provision.

OP says she works 43 weeks. PL is 4 weeks for full time employees therefore OP is entitled to

43/52 = 82.69% of a full time entitlement

4 82.69% = 3.31 of HER* working weeks

OP has not requested too much leave.

The op is still entitled to 4 weeks parental leave. It's based on your normal working week. See my previous post. Part time employees still get the same number of weeks as full time employees.
The op works 16 hours over 5 days. The parental leave she is entitled to is 4 weeks. (16 hours x5=1week)
I don't know why people are focusing on this aspect and doing all sorts of equations. She is entitled to 4 weeks of her usual working week!

Full time employees get 8 weeks annual leave at my place of work which equates to 40 days.
I work 2 days per week and still get 8 weeks annual leave but this equates to 16 days, it's still the same number of weeks for both part and full time employees. It is worked out pro rata but I only need 16 days to get 8 weeks off, full time staff need 40 days.It's the same thing with parental leave.

Well, at least some of them are trying to find a way to suggest OP's request is more than her legal entitlement. So we're going to see some strangulated number play, inevitably.

Have you heard anything from HR yet OP? If nothing by tomorrow, I'd chase again.

I can’t quote on my phone but love beetles last but one post.