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?

I guess you will have to resign if they defer your leave then?

I did ask them if they would delay it but it was a flat denial. My husband booked it then as this was the only time he could take that amount of time off and it fitted with exams ending for my child. I’m not a teacher

Have you worked in the same place for 8 years or for the same agency but in different work places?

If you are supply then it is bonkers to complain that you are covering for staff who have taken unavoidable time off - that is what supply staff are for!

But the OP’s employer hasn’t suggested an alternative date. If they had done so she would have no reason to be posting.

They have told her that she isn’t entitled to something that all employees who have children & who have been employed for over 12 months, are legally entitled to.

I have given them 4 months notice, so plenty of time to replace me, there may not be anyone off then anyway.

You don't get to decide what leave they'll authorise but you arrogantly assumed that because you've been a Martyr previously by not taking dc to hospital that somehow means they'll allow a 3 week holiday that you booked without asking. You can't alter your contract in your mind to suit you.
You may think you deserve it but it doesn't mean you get it. I think I deserve better pay but that doesn't mean Jeremy Hunt will say "of course dragons, you go above and beyond, here's a top up"

I am employed as cover, over a particular area, different schools, hardly ever 2 days in the same one

Your contract says no.
Resign and go on holiday.
Or don't.

They can't just refuse unless there is compelling business reasons for which I really can't see any other staff or agency can cover what she would have done...

Are you employed by the local authority? I think I’d write to HR asking for the refusal & reasons in writing but ACAS are the best people to advise you really.

You keep calling me arrogant, the reason i was posting was how to talk to them without causing too much upset, how is that arrogant? I don’t want to leave, but if means I resign with a clear reference, then so be it.

Lots of people are missing the point. She is legally entitled to the leave unless there are valid reasons why it should be postponed. The alternative dates should not be out of term time for a term time worker.

Wouldnt H.R be good to talk to & offer advice?

Aside from the main question here, you've got completely the wrong perspective on your job, here. You are a supply worker. You cover absences and holidays.

"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!"

Well, yes, because you are supplying cover for the school that needs it, so that they can choose to allow their staff member to take that time off. It's not unfair, it's a management decision.

You chose the role. You work as a supply worker, term-time only, no holidays in term-time. You cover holidays. It's little wonder that they don't want you taking a holiday in term time.

But, you do have the right to parental leave, although not when to take it.

Are you employed by the LA or by an agency?

Make sure all communication regarding this is by email, so you have a record of who said what when. I imagine your employer will have someone who knows a bit about employment law and your line manager will bump this up to them to deal with.

You may find HR grant your request but they may say that you have to delay until school holiday time, which is obviously no good for you.

So you may find yourself given the choice of going with permission and getting a final warning, or resigning your job. Which of those suits you better is up to you.

The fact that you often cover for other people who are off work is irrelevant - this is true of pretty much everyone who has a job. I wouldn't expect much sympathy from your employer either - I am sure they would all like three weeks off for a jolly to Florida too, but most people don't get that. They might also feel that 13 weeks a year - and the three days a week that you don't work - are quite a lot of time to spend with your children as it is. Sorry if that sounds harsh.

Are you on a guaranteed pay scheme?

Acas have advised that I have the right to Parental Leave. I was asking how to speak to my line manager without sounding arrogant! My husband booked it whilst away as a surprise for my child, he didn’t realise my contract wouldn’t allow holidays in term time. Hence when I found the Parental Leave, I thought that would be perfect

Your husband has done a stupid thing. I hope you have insurance.
You chose a term time contract I can't believe he didn't know that.

My job is just to cover people off work, so how can they deny it, when I would probably be covering someone on holiday at that time?

OP are you employed by the LA or by an agency?

You can only say what ACAS told you to your manager. That as an employee you are legally entitled to the leave.

You may not get the dates you want mind you. They could give you dates in September/October. I work in payroll & we tell everyone never to book a holiday until leave has been authorised.

I guess it depends on the details of the contract that you have signed. With supply work the flexibility works both ways: they can't make you go in, but they don't have to give you work either. So are you on a guaranteed pay scheme, or zero hours, or what?

Your line manager is at the supply agency, correct? I wonder if they are aware of 'parental leave' as a thing, and of they realise it is unpaid. When I was on supply I would just say "I'm not available from x until y" and there was no issue.

I thought parental leave was to be used if needed for illness/ appts / snow days etc...not for a whole block of 3weeks to go on a holiday when you work a term time contract anyway

They cannot deny you parental leave , all they can do is say you can't take it at the particular time you ask.

This and what flowery said.

You are entitled to the leave but not necessarily at the time you want to take it. They can postpone it. My last work (who without being outing knew the law inside out as did all of us) clearly told us we couldn’t take parental leave at certain times.

I’d suggest going back to them and confirming that you are entitled to the leave so if they could let you know the alternative dates they can let you have it, that would be great.