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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:
MyDcAreMarvel · 03/03/2018 20:57

Parental leave can be for a holiday , there is no need to give a reason, and the op is legally entitled to it.
The employer can delay it for business reasons but they cannot legally refuse it.

Original poster
user1471461798 · 03/03/2018 20:57

I only work 16 hours, the difference in price is 10 months wages. I’m not actually bothered about the money, but working for 10 months for nothing seems pointless. I did ask what would happen if I just took it and they said I would get a final warning. But I’ve never had any warnings before, my employment record is perfect. It’s a new line manager.

OP posts:
ScreamingLevitation · 03/03/2018 20:57

There are definitely jobs where missing out on work to get a term time holiday makes financial sense.

ScreamingLevitation · 03/03/2018 20:58

X-post.

RandomMess · 03/03/2018 21:00

I would ask them what is the "serious disruption" it would cause, what couldn't be covered by supply staff?

Original poster
user1471461798 · 03/03/2018 21:01

My husband booked the holiday, so yes it is booked and paid for. Without sounding snobbish I don’t need to work, but I really enjoy working and don’t want a final warning on my record. My husbands not bothered either way

OP posts:
MyDcAreMarvel · 03/03/2018 21:01

Op the leave is pro rata so you won't be able to take three weeks a year, just two.

Original poster
user1471461798 · 03/03/2018 21:01

I am the supply staff!

OP posts:
RandomMess · 03/03/2018 21:01

In writing!!! I suspect they think it's inconvenient or new line manager doesn't actually know/understand the law.

RandomMess · 03/03/2018 21:02

But you're not as you have a regular contract, you are not phoned up off a list as required which is exactly what could be done if you weren't there!

Original poster
user1471461798 · 03/03/2018 21:05

I don’t work in any particular place, I cover a wide area. They phone me in the morning to tell me where to go. But I do have guaranteed 16 hours

OP posts:
AlexanderHamilton · 03/03/2018 21:06

They are wrong. They can delay the leave but they must allow you to take it.

RandomMess · 03/03/2018 21:07

So agency cover could be used presumably? It will be the summer term, hardly the worst time for an agency person to provide the cover!!

AlexanderHamilton · 03/03/2018 21:09

Are you employed on a salary? You are not classed as a “worker”.

Original poster
user1471461798 · 03/03/2018 21:11

Does anyone have any idea how to deal with this, as I don’t want to go in there all guns blazing!

OP posts:
m0therofdragons · 03/03/2018 21:12

My understanding is schools allow for things that cannot be changed such as a close family wedding (sil is a teacher and going to Australia for 3 weeks as her db is getting married there) or the odd day for a graduation of a dc not 3 week because you fancy it 🙄
You don't need a job? Well fine, resign then but don't think holding your employer to ransom is going to make to look good. Who books a holiday before getting permission from work? Pure arrogance - "I don't need to work so I can do what the fuck I like!" Is a sucky attitude. I don't need to work yet walked for an hour in the snow and did a double shift yesterday because I work for the nhs and am a decent human being.

B1rdonawire · 03/03/2018 21:13

I thought it was that you have the right to the leave, but the employer has the right to defer the request as long as it's granted within six months of the dates requested? The approval process is totally different to annual leave so I think it's misleading to compare this to your colleague's situation.

Three weeks is a significant block of time to request (as a proportion of your annual working weeks, or as a one-off proportion of the total 18yr entitlement) so did it maybe come as a shock to your employer? Do you think they would be amenable to a constructive chat once the dust has settled?

Fairenuff · 03/03/2018 21:13

Are you employed by an agency?

Original poster
user1471461798 · 03/03/2018 21:13

employed on salary! It just seem so unfair, I have let grandparents take my child to hospital for a check up, only to find I’m covering for someone to take their child to the dentist!

OP posts:
Wolfiefan · 03/03/2018 21:14

But your contract says no leave in term time. You knew that!

ScreamingLevitation · 03/03/2018 21:16

Hang on, is your contract with a supply agency or a school? Are you supply on a guaranteed pay scheme?

1Wanda1 · 03/03/2018 21:17

Surely the concept of parental leave is for parents with young kids or kids with special needs? Not so teachers can go on holiday during term time with their almost adult children?

Very risky to book a holiday before a request for leave is approved at work anyway.

dramaqueen · 03/03/2018 21:17

Your employer is entitled to delay it should it disrupt the business and also to suggest a new date. Seems clear to me.

Original poster
user1471461798 · 03/03/2018 21:19

I’m not being arrogant, I have worked all my life , only taking 12 weeks off after having my child, yesI could resign, but like you being a decent human being involves being the best person I can and working makes me feel that. My husband works extremely long hours so I pick the. slack up at home. I’m not holding them to ransom, they need staff and I fill that role, how is asking for 3 weeks off in 8 years holding them to ransom?

OP posts:
GladAllOver · 03/03/2018 21:20

You may be entitled to leave, but not on the exact dates you specify. The employer has to grant you leave but can ask you to delay to fit in with business needs.
It was foolish to book the holiday before getting the dates approved. Particularly if you don't give your employer sufficient notice.

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