Active discussions

Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Talk
Work

Chat with other users about all things related to working life on our Work forum.

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:
SpareASquare · 03/03/2018 21:41

You say you are employed to cover other peoples leave then complain that other people are taking leave Confused

You also say it's a 'term time' job then complain you can't get time off in 'term time'.

Just bloody leave the job. Don't make an even bigger arse of yourself OP

Wolfiefan · 03/03/2018 21:42

Their contracts may not be the same as yours. Eg a cover supervisor. Part time. May have different conditions of employment to a full time teacher.

AlexanderHamilton · 03/03/2018 21:43

That’s Emergency Dependents leave reallycantbebothered. For unforeseen events & applies not only to parents but all caring responsibilities eg elderly parents.

Parental leave cannot be taken in odd days unless the child is disabled. It has to be in full week blocks.

Original poster
user1471461798 · 03/03/2018 21:45

i did ask them what other dates I could have, my line manager denied any leave. According to the government website , they should have written to me within 7 days with other dates, but it’s now 2 weeks, hence my husband just booked it as he needed to let his employer know

OP posts:
flowery · 03/03/2018 21:46

”Does anyone have any idea how to deal with this”

Yep, told you that. If you’re sure there isn’t a parental leave policy, contact HR and explain how the statutory process hasn’t been followed in your case.

Booking the holiday without the time off being granted was spectacularly daft.

Wolfiefan · 03/03/2018 21:47

I would take parental leave to deal with a very sick child in hospital.
Not for a cheap holiday.
Other dates you could have? In the holidays.

Edinburghgirlie · 03/03/2018 21:47

Are you in a union OP? From what I know about parental leave your employer cannot refuse but can defer it. I am considering applying at some point so have been reading about it.

Original poster
user1471461798 · 03/03/2018 21:47

The people I cover have exactly the same contract as I do, we are employed by the same people, just I cover lots of schools

OP posts:
AlexanderHamilton · 03/03/2018 21:48

You need to do what flowery said. Contact HR.

bella2bella · 03/03/2018 21:48

I would write again with ACAS guidelines and links. If it is still refused then I'd raise a grievance.

I'm planning to take parental leave for 1 week every year and intending to talk to my work about it next week, hopefully they will be more compliant with the law. Good luck!

Petalflowers · 03/03/2018 21:48

I agree with Wolf that your husband has been foolish, by booking the holiday before confirming the time off.

Your employer doesn't have to agree it at the requested time, but can postpone it for business reasons. If your job is to,cover other people's holidays, and they need you to,do,this, then that could be a business reason.

employmentlawclinic.com/flexible-working/parental-leave/

BakedBeans47 · 03/03/2018 21:49

parental leave wouldn’t normally cover being able to look after a sick child in hospital (unless your employer had a specific policy) as you need to give notice to take it. There’s nothing wrong with taking it to go on holiday.

AlexanderHamilton · 03/03/2018 21:50

Wolfe, no you wouldn’t as you wouldn’t be able to give the stature notice for a sick child in hospital (unless it was a long planned op or something) you would take emergency dependents leave for a sick child.

Unpaid parental leave examples are to settle a child into school, spend more quality time with them, visit family etc.

KickAssAngel · 03/03/2018 21:51

I would suggest you put it in writing, but politely.

Lay out your points concisely and don't get into any "it's not fair, other people have time off" arguments. This is about your contract/rights and no-one else's.

First of all, list what has been done/said so far, then your current, relevant points.

So your points are:

  1. This is a legal right and nothing in your current contract/employment policy can overrule it.
  2. They didn't stick to the requirement of informing you in writing within 7 days.
  3. You have sought advice from ACAS and they agree with your understanding of the law.
  4. You are still intending to be absent from work on those dates, and you are assuming that once they check the law they will be in agreement that this is your legal right.

That then leaves the ball with them if they want to object. Copy it to your manager & HR.

Don't go into why you want time off. You're legally entitled to it (if what you're saying is right). IT shouldn't matter if you & DD want to sit and stare at the TV for that time. It's time for you to spend as a family and therefore part of parenting.

btw - Is this one of those laws that will suddenly disappear under Brexit? If so, fight for your right now.

MeDented · 03/03/2018 21:54

Parental leave to spend time with a 17 year old - really?!!!

Original poster
user1471461798 · 03/03/2018 21:54

i did ask them for other dates before my husband booked it, but they refused any other date. My husband needed to book it so his work wasn’t compromised. I think i will speak to HR and if they still say no I will offer to resign before the final warning. It’s not worth working for 10 months to go on holiday in August, I’ve never been out of work and don’t envisage being out for long.

OP posts:
Wolfiefan · 03/03/2018 21:56

You want a cheap holiday.
Let's not pretend it's anything else.
Your contract doesn't allow this.
Your husband was stupid to book this without discussing it with you.
Alexander I wouldn't know. When DS was admitted DH and I took turns to be with him. Sometimes doing a night shift with him then trying to work the day after.

usernamealreadytaken · 03/03/2018 21:56

If I understand correctly, your job is to cover absences and holidays. If you are unable to cover an absence of holiday because you are on holiday (whether paid or unpaid is irrelevant) then you are unable to do your job.

Your request for parental leave cannot be flatly denied, but does not have to be at a specific time you request. I fail to see how a couple of weeks will save you six-odd grand on a holiday, and as you've said yourself that you don't need to work, I assume that the £saving on the holiday will also be irrelevant - the reason you need to take this time off is because your husband has booked a holiday based on his ability to take time off, and completely disregarded the fact that you are unable to take term time leave. Perhaps you should be having a conversation with him as to why he booked it at a time that he knew you would be unable to go.

Original poster
user1471461798 · 03/03/2018 21:58

Medented, I feel spending time with a 17 year old is probably the best time to. I remember my parents letting me do practically what I wanted then, My child deserves my undivided attention and being on holiday with her and my husband making memories is something they will remember forever, more important than a 17 hour barely minimum wage job

OP posts:
Riverside2 · 03/03/2018 22:00

OP I understand what you're saying but does the law cover parental leave for that age?

Wolfiefan · 03/03/2018 22:00

Jeez. Making memories?!
So resign.

pieceofpurplesky · 03/03/2018 22:01

I still don't get what you do if the people you cover are on the same contract as you ...

ilovewelshrarebit123 · 03/03/2018 22:02

I work term time only, allowed parental leave, but it's for emergencies ie sick child, appointments. Not a holiday to Florida!

I understand you're disappointed but I think you're expecting far too much.

Fairenuff · 03/03/2018 22:03

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

(Third time I've asked now but still hoping for an answer)

ilovesooty · 03/03/2018 22:03

Making memories? FFS.

It seems you already knew this was going to be problematic when your husband went ahead and booked.

Just resign since you don't need the work, seem to think it's beneath you and think you can just walk into another job at will.

Swipe left for the next trending thread