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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:
Icomehereseekingpeas · 09/03/2018 23:21

This a great thread OP, you've highlighted an issue which a lot of people were unaware of. Some are still unaware even after the facts have been pointed out multiple times

Willow2017 · 09/03/2018 23:22

Anyone else finding this thread is 6 pages of Groundhog Day?

Icomehereseekingpeas · 09/03/2018 23:25

Yup Willow. Depressing isn't it? OP wanted an answer to a seemingly straight forward question and people are discussing the ethics of it all despite the issue being enshrined in law.

Weirdly I can't leave this thread alone, I would love to know the outcome.

umizoomi · 09/03/2018 23:27

Yeah I have read the thread.

Laws or not, she wants a 3 week holiday dressed up as parental leave in school time.

You work in a school, the perk is you work less weeks but suck up the holiday cost.

You think it would be ok for every teacher in the land with kids to get this every year? In addition to their holiday? Just because they can?

I know OP isn't a teacher but the point is the same.

Icomehereseekingpeas · 09/03/2018 23:29

@umizoomi that argument has been put forward so many times already on this thread. It's irrelevant.

Icomehereseekingpeas · 09/03/2018 23:30

Laws or not, she wants a 3 week holiday dressed up as parental leave in school time

No, not laws or not. Just laws. Only laws.

umizoomi · 09/03/2018 23:31

Let's all work the system then just because we can.

Icomehereseekingpeas · 09/03/2018 23:34

You think it would be ok for every teacher in the land with kids to get this every year? In addition to their holiday? Just because they can?

Yes. By rights, they are entitled to PL if they fall into the correct criteria. Their employer can always postpone it if it effects the running of the school. But legally they are entitled to do this if they have a child under the age of 18. Sorry if that sounds batshit to you. I didn't make the laws. OP didn't make the laws. Presumably the powers that be wanted to give parents a fair deal.

Take your faux-offence up with them to change it if it bothers you so deeply. Can't see why it would or should though...

Icomehereseekingpeas · 09/03/2018 23:36

Yes @umizoomi it's not like we're being underhand. I guess you'd feel the same way about mat leave? It's not 'working' anything, it's taking something which is available which is completely legal, moral and above board.

Jeez.

Willow2017 · 09/03/2018 23:38

Taking time off in term time once in 8 years is hardly working the system.
Having to cover for others who have been allowed term time leave then told you cant do it yourself is ridiculous.
For the hundred and eleventyth time...her reasons are irrelevant the law is the law its really that simple.

Icomehereseekingpeas · 09/03/2018 23:39

There seems to be a strange mentality on this thread that p/t workers or indeed anyone with any sort of employment isn't allowed to take anything which isn't seen as 'the norm'.

Maybe if more people took PL and rightly took employers to task if they handle the request badly there wouldn't be so much stigma attached to it.

Why should it not be commonplace that people take PL? Because some MNers don't like it?? I'm baffled by the mentality of some of the posters on here.

Icomehereseekingpeas · 09/03/2018 23:40

@Willow2017 I think some posters are determined to argue Black is white on here.

umizoomi · 09/03/2018 23:47

@Icomehereseekingpeas it's nothing like mat leave it's a fucking holiday

Icomehereseekingpeas · 09/03/2018 23:58

Yes we've established that. But it's not 'working' the system as you do bluntly put it. It's time with her daughter - the location is irrelevant. All acceptable in accordance with PL guidelines. But if you're so adamant that definition is incorrect take it up with the government.

Moan moan moan...

Willow2017 · 10/03/2018 00:00

Like matetnity leave it is protected by law. It has rules to ensure any parent can request it.

Why are people so upset someone they dont know is fighting for her legal right to PL? Maybe the next person who does her job will be treated as per The law not as their manager thinks they should be?

Icomehereseekingpeas · 10/03/2018 00:04

Maybe we should just rewrite the law as some people deem fit? One would hope they wouldn't ever need/want to use it though considering they're applying so many conditions to it.

AlexanderHamilton · 10/03/2018 00:17

Maybe some people are jealous.

I don’t work term time only. I work full time.

I can’t afford to swan off & take 3 weeks unpaid parental leave.

But that doesn’t stop me defending the right of others to do so if they do desire.

umizoomi · 10/03/2018 00:22

@Willow2017 and someone you don't know is fighting for a right to go to Florida
She is milking it. Legally right, morally wrong

I won't change my mind and you won't change yours which is fine.

I personally believe that if you have a job that is restricted in terms of hours, days, times of year etc that you take that job because it suits you. There are huge advantages to only working term time and there are many applicants for these roles when they come up as they offer parents time off when their own children are not at school.

If then you need time off for your child of course you should receive it. That's what the laws were about.

The OP is using the law about parental leave because she knows her employer won't allow holiday in term time because well, she has a term time contact and therefore presumably needs those working hours. To request parental leave for a holiday is absolutely working the system. That wasn't the point of it and just because you can, doesn't mean you should

BakedBeans47 · 10/03/2018 00:24

Maybe some people are jealous.

Spot on.

BakedBeans47 · 10/03/2018 00:26

Also, I didn’t know how many parliamentary draftsmen/women or senior judicial figures we have on here, that feel able to comment on the ‘spirit of the legislation’

umizoomi · 10/03/2018 00:28

@AlexanderHamilton actually no I could afford to do this. I just think it's wrong for a holiday to save cash.

If your child was in Year 6, or just before a difficult GCSE and their teacher said 'see ya! Off to Florida for 6 weeks on parental leave' would you feel like 'fighting for their rights?'

umizoomi · 10/03/2018 00:31

Why am I jealous? I have this right too, I think, as an employee?

AlexanderHamilton · 10/03/2018 00:49

GCSE’s & SATS would be over at the time the OP is asking.

If the teacher asked for PL just before a gcse or sats the school would say sorry no, just before public exams is a good reason, we will offer you the end of June instead as it’s when the Yr 11 have left/the Yr 6 are doing all their end of year activities/trips.

titchy · 10/03/2018 01:33

Honestly these bloody women, wanting to ensure they use their legal
entitlements. Fucks sake they'll be wanting maternity leave next. And equal pay. Then where will we be.
Anarchy I tell you, it'll be anarchy.

NicolaMac · 10/03/2018 01:50

This is a great thread. Parental leave had gone below my radar too.

I have a similar age DC and when I was pregnant maternity leave was only 18 weeks. I didn't want to spend such a short time with my baby so had to resign my job. As a result it took me almost 10 years to get back into an employed job and in the meantime I worked as an agency worker in the same & similar jobs to the one I had been doing before but missing out on the many other "employed" benefits such as 52 weeks maternity leave.

So being able to take a lovely break with my DC before they finally fly the nest and still have job security would seem like some kind of recompense.

However I'm wondering how the wording of being for the child's "welfare" should be interpreted - would an employer have any grounds for refusal on the basis that going on a holiday is not for their welfare? Or am I overthinking this?

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