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?

Oxfordblue - you sound like someone who doesn't read people's posts very carefully. I have said I think the OP is legally entitled to what she is asking for, but I would not personally have asked for it (and as I work term time only myself, I do indeed feel entitled to give my opinion - as anyone is entitled to give an opinion, thank you very much...). I have also said I think the OP's line manager has behaved badly, or HR are trying to cover up the fact they have fluffed up by pretending they haven't received the parental leave request. Imvho, if both employees and employers were more thoughtful, rather than pitting themselves up against each other, I think the world would be a better place. I do have sympathy for the OP in this situation, however, as holiday leave has clearly been granted to others before, let alone parental leave, so the point blank turning down of the OP's request without proper dialogue is definitely unreasonable of the employer in this instance.

Steak, you forgot OP is working term time only. That means her average working week is lower than 16 hours over the year. She said she is paid for 43 weeks, so her normal working week is about 43/52 x 16 hours a week.

The 43 weeks is calculated so that when annual leave is deducted at the appropriate pro rata rate the number of days she actually works matches up to school working days plus any training days.

OP's request is still well within the maximum entitlement though.

So I suppose Oxfordblue will now conclude that I am unfairly discriminating against myself, rather than having a different view on what it would be fair to ask of my employer?

OP please ignore the complete morons and idiots contributing to this thread who are making you repeat yourself. They are very sad little people with small lives. Good luck and I hope that you don’t have to resign!

(Before anyone nitpicks yet again, the employer has both been unreasonable in not having a proper dialogue and not acted in accordance with the law... I am just more interested in what is reasonable and why people react to things in the way that they do, hence the terminology. Whilst acting legally and acting reasonably usually coincide, they don't always).

I think it's very sad actually that so many people are clearly unaware of their parental leave rights.

The law overrides contracts.

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.
To be fair, even the OP herself thought she was requesting more than her entitlement, and had got the calculation wrong, if those who advise that its a bit over 3 weeks are correct.
So I don't think the people trying to understand how the numbers work are all doing so maliciously!

You might be interested roundaboutthetown, but the OP isn't. Those of you who think she is doing something morally dubious in exercising her legal rights have more than made your points by now. Whether anyone wanted you to or not.

So if OP or anyone else wants to take moral counsel from people who think part time employees should have fewer rights, there is plenty of it available. Job done. You've earned a rest, ideally before you put OP off returning to tell us the actual outcome of this.

So I don't think the people trying to understand how the numbers work are all doing so maliciously!

No, me neither. Hence the 'some'. Others just made a mistake.

Haven’t forgotten, just don’t have any new update, will let you know when I do. It just goes to show, if people knew this leave was available, i’m sure more would use it. Also to anyone that’s interested, yes I did sign a contract 8!!! years ago, things change, also the policy for no holiday during term time is in every one of my colleagues contract- I still cover for them, so it’s not rigidly kept to.

Beetlejazz - I would happily have left the thread ages ago, except twats like you keep referring to me by name and trying to argue with me. If people keep asking dor clarification of what I mean, I will keep providing it. As for putting the OP off posting - I don't think I have done any such thing...

Apologies for use of the word twat - I know that was inappropriate!

To rephrase: Beetlejuice - don't talk to me if you don't want me to post!

And one day I'll get your name right!

You'd made far too many posts about your heartfelt beliefs before I even joined the thread, but either way you and you alone are responsible for your decision to continue spamming. Luckily you don't appear to have put OP off, at this stage anyway, but it's only good fortune that she so obviously doesn't give the tiniest shit what you think. Some people would have been berated away by your moralising, or your intensely arrogant and fuckwitted predictions about changes to legal protections if people continue to do things you don't like

It takes an arrogant person to accuse others of arrogance.

However, my apologies, user for using up so much of your thread. I wish you luck in your dealings with your employer and you have done everyone a service by highlighting people's parental leave rights.

OP hope this works out for you and folmowing with interest as i intend to apply for some parental leave later in the year when my childminder is unavailable. My understanding of parental leave is exactly the same as yours but I know my manager does not believe it is a statutory right, she thinks i have a right to apply but not a right to have it approved (like applying for flexi le working or part time hours). I know she is wrong but i will deal with it closer to the time. Good luck!

Slight thread derail but I assume if someone took 4 weeks unpaid PL it would cause a gap in pension contributions?

Yes thats my understanding peas . I think that the time off on parental leave though does not affect annual leave allowance, I could be wrong though!

I think it depends what you mean by a 'gap'. You don't get pension contributions paid but state pension qualifying years is based on an annual amount. It could cause the op an issue though as her pay isn't that high.

But yes, you get AL and also bonus paid at salary level if you have one.

chocolate it doesn't.

you have done everyone a service by highlighting people's parental leave rights
You definitely have OP - DD is 1 and I had never heard of Parental Leave!