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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:
Faultymain5 · 10/03/2018 06:31

@NicolaMac you don't have to tell your employers what you are doing with PL. Just who it's for i believe.

Autumnchill · 10/03/2018 06:52

Only just gone across this thread and read it all. OP I like you. You've kept your cool and I hope you get it sorted and enjoy your holiday

MaverickSnoopy · 10/03/2018 07:18

May I suggest OP that if they want to discuss your reasons with you, that you highlight:

  • time with grandparents they don't usually have
  • the importance and impact to your daughter These are your reasons, the cost is irrelevant in your case and will only make them think that's the reason you're wanting to do it.
MaverickSnoopy · 10/03/2018 07:18

May I suggest OP that if they want to discuss your reasons with you, that you highlight:

  • time with grandparents they don't usually have
  • the importance and impact to your daughter These are your reasons, the cost is irrelevant in your case and will only make them think that's the reason you're wanting to do it.
MaverickSnoopy · 10/03/2018 07:18

May I suggest OP that if they want to discuss your reasons with you, that you highlight:

  • time with grandparents they don't usually have
  • the importance and impact to your daughter These are your reasons, the cost is irrelevant in your case and will only make them think that's the reason you're wanting to do it.
candlefloozy · 10/03/2018 07:19

Could you not offer to make up the lost hours? So work a full time week for Three weeks and then that's your hours made up? Sounds like you're trying then

roundaboutthetown · 10/03/2018 07:31

user - what will you do if they come back to you, apologise for having got the law wrong on parental leave, but explain that they have a significant business reason for requiring you to take your parental leave at another time within 6 months of your original request? Would that not then put you in the wrong if you say it is too late, now, because you have already booked the holiday? After all, there does not have to be a specific reason for the parental leave, so it should not be the employer's problem if it wrecks your holiday, as they would still be allowing you parental leave.

roundaboutthetown · 10/03/2018 07:36

requested start date

Alabama3 · 10/03/2018 07:48

Having to cover for others who have been allowed term time leave then told you cant do it yourself is ridiculous.

not arguing the law, but the op is part time and her job is cover for others....? (apologies if that's wrong) so can hardly complain if she is, well, actually covering for someone

personally? i would leave, after getting the paperwork sorted obviously. I would not want to work somewhere like that

roundaboutthetown · 10/03/2018 07:55

Hopefully, user, you will be allowed your leave as you have fought so hard for it and are convinced it would not disrupt your employer's business. I also work term time only and, as you know from my previous comments, would not have made this request of my employer, but then in my particular role, unlike yours, I know it would be an unfair request to make, because I know it would disrupt the business - it's hard enough when people go off sick as we are already understaffed due to budgetary constraints, so anything else would just be the straw that broke the camel's back. I'm glad it is not like that for you - you are lucky, given the lack of funding for schools and Local Authorities, that there is some give there for you and that your colleagues would be happy, willing and able to cover for you. In retrospect, I would therefore approve of you going for your rights on the basis that term time only employees should not have to suffer the effects of this government's policy of seriously underfunding schools to the point of severe understaffing...

happyvalley74 · 10/03/2018 08:16

I had never heard of parental leave so thank you very much for this thread OP

I hope you get what you're entitled to

Cherryminx · 10/03/2018 08:21

rounabouttown - Parental Leave is unpaid so the school would be saving money and could presumably use the money saved to pay for someone else to cover. It is not the same as sick leave which is usually paid or unpredictable.

roundaboutthetown · 10/03/2018 08:30

Cherryminx - you can't do a DBS check and get someone random up to speed on what you do that quickly - there may be a system of supply teachers, but there isn't a ready bank of supply support staff ready to come into schools at a moment's notice, whatever the role requiring to be filled (and quite a few support roles require you to have a lot of sensitive information at your fingertips and a lot of knowledge of particular pupils, whether educational, medical or safeguarding). Schools would just jump at the chance of saving some much needed money, they wouldn't spend it on trying to find cover from outside the existing schol staff - it would cost them time and money finding people to fill in.

roundaboutthetown · 10/03/2018 09:00

And people who work in schools tend to worry about the vulnerable children and families - disruptions in staffing have a disproportionate impact on the most vulnerable members of school communities, as they are the ones who are most reliant on consistent support, knowledge and expertise.

TizzleBizzle · 10/03/2018 09:50

@roundaboutthetown with regard to your question as to whether the employer can, now they have had the law and their policy explained to them, reset the clock and treat the parental leave application as having just been received - well I think that ship has sailed.

They can't now review it, respond in writing in 7 days and suggest an alternative block within 6 months with a valid business reason because they now understand they should.

They should have followed protocol at the time the OP sent the request which was prior to anything being booked. It was their failure to respond within the time frame or give a valid reason which meant the holiday got booked.

The OP should not now be penalised for her employer's ignorance.

Original poster
user1471461798 · 10/03/2018 09:55

I unfortunately have missed out on all the “perks” of having children, my oldest is 22 , only 12 weeks maternity pay, the new fees for university came in just as he was going! so we had to stump up for living costs etc as apparently we earn too much! But we only had 1 Years notice on that, I never got nursery funding for either as that didn’t come in in time for me. I was a single parent before tax credits, so no help there, I had to pay for a childminder, mortgage etc out of 900 pounds a month! I’ve missed out on free school meals for my children too, I’m sure there are more things. Anyway my point is , do I begrudge anyone taking advantage of new laws to make their lives easier- no definitely not! This is one thing I can claim for, and that’s only for this year, as she’ll be 18 next year, it’s not costing anyone anything, except me, so if I can save 4500 I will.

OP posts:
Original poster
user1471461798 · 10/03/2018 10:07

And to cap it all, child benefit has been taken away too! But am I bitter, no actually i’m not, We have provided for our family by ourselves. So no I don’t feel guilty.

OP posts:
roundaboutthetown · 10/03/2018 10:12

TizzleBizzle - but is that the legal position, or just what you think is fair?

user - no point you feeling guilty, anyway, if you know it's not a problem for the colleagues who would be covering for you. It's the way things should work - where we can, we look out for each other. You would do it for them andnhave done, and they would do it for you.

roundaboutthetown · 10/03/2018 10:15

Was user told within 7 days that she could not have the leave when she wanted it? Because that would not be the same as not hearing anything at all and therefore assuming it's OK to book a holiday.

roundaboutthetown · 10/03/2018 10:16

Anyway, hopefully the employer will just OK the leave as is, now!

Original poster
user1471461798 · 10/03/2018 10:25

roundabout, nothing was said for 14 days, then I was told it was declined, my dh and I then decided to go ahead, taking into account the amount of money saved and my wages, Also the commitments of him and my daughter, it was a no brainer. I can afford not to work for a while, some people may not! But may still need parental leave.

OP posts:
roundaboutthetown · 10/03/2018 10:26

Well, surely after 7 days you coukd assume it was OK?...

TizzleBizzle · 10/03/2018 10:31

@roundaboutthetown if they didn't follow the correct procedure then that is the legal position. Guidance doesn't specifically state what happens if they don't respond to the request within 7 days because it isn't necessary to respond to approve. Only the postponement needs a response, business reason and alternative date stating within 7 days. Even if the flat out refusal was received in that time, which I don't know, it's irrelevant because they didn't offer an alternative ot even treat it as parental leave.

celesti · 10/03/2018 10:38

I would have thought that a nearly 18yo could arrange to see her grandparents off her own back and in her own time if that was the genuine reason for wanting the parental leave.

But it's not is it.

TizzleBizzle · 10/03/2018 10:41

Cross post. Then yes I think after 7 days it was ok to book the holiday assuming the request had not been postponed since they hadn't followed the time frame.

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