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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:
Original poster
user1471461798 · 03/03/2018 22:28

i’m in England. What is the point of government laws if employers don’t take any notice. i’m aware it was cheeky and won’t be doing it again, but a final warning seems a bit extreme. If the law wasn’t there I wouldn’t have used it, just handed my notice in, but having started the process, now I have to see it through

OP posts:
Original poster
user1471461798 · 03/03/2018 22:29

i’m not in a teaching role!

OP posts:
Wolfiefan · 03/03/2018 22:30

You signed a contract. It's far beyond cheeky to ignore that for a cheap holiday.

BlytheofWindyWillows · 03/03/2018 22:31

www.gov.uk/parental-leave

Eligible employees can take unpaid parental leave to look after their child's welfare.
Not sure a holiday to Florida really comes under welfare.

Willow2017 · 03/03/2018 22:32

purple she is not taking annual leave. She is taking patental leave which is due to her by law.
It doesnt matter a damm to anyone else what she does with it.
Op has not said she is a teacher. But it really doesnt matter what she does.

Original poster
user1471461798 · 03/03/2018 22:33

I signed the contract 8 years ago, since then the Parental Law giving leave up until 18 years old has come in. The new contract is exactly the same, are you really expecting no one to take the government up on this?

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AlexanderHamilton · 03/03/2018 22:33

There are still people on the thread who are confusing parental leave & dependents leave.

Everyone, term time only, full time, part time whatever, with a child under the age of 18 and who has been employed for at least 1 year, is entitled to unpaid parental leave. The employer may delay the leave for up to 6 months if they have good reason (too many others off & cant get fiver or a teacher requesting leave in the middle of public exams) but they cannot deny it altogether.

It doesn’t matter whether others think the op has a good reason or not, she is entitled to it by law.

OP, you now need to take flowery’s advice & contact HR.

kath6144 · 03/03/2018 22:33

Roundabout - it is nothing to do with particular achools, since Op says she goes to lots of schools. As for employer...has no reason to bend its rules for you. Words fail me.

The employer is not bending any rules. It is employment law. Her employer - the LA - has to give her parental leave as per her request, unless they offer alternative dates with 7 days. Nothing to do with what individual schools want or bending rules, nor the fact she works term time.

Op. I think a formal letter to HR stating what you requested, when, that no alternative dates have been offered and reminding them that this is law, as confirmed by ACAS, is the way to go. Maybe a link to ACAS site, as someone else suggested? If they still refuse then maybe a strong letter from ACAS will do the trick. Why do employers think they are above the law?

AlexanderHamilton · 03/03/2018 22:35

Considering the main teaching unions issue guidance on unpaid parental leave I think it’s likely that some teachers do request it.

Original poster
user1471461798 · 03/03/2018 22:35

blytheofwindywiloows, where does it say “to look after children’s welfare”. It actually saves “ to spend more time with children”

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MyDcAreMarvel · 03/03/2018 22:36

Drspouse I didn't say it was annual leave

" I work part-time. Am I still entitled to unpaid parental leave?
Yes. Unpaid parental leave allowance works on a pro-rata basis. If you work a shorter week, then your leave will be calculated according to your normal, or average, hours. So if you work for two days a week, one week of unpaid parental leave equals two days. In this case, you'd be entitled to 18 blocks of two days, or 36 days."

But yes I can see the op can take two weeks as that's her usual hours.

MyDcAreMarvel · 03/03/2018 22:37

Sorry I meant can take three weeks.

BlytheofWindyWillows · 03/03/2018 22:39

User, it's the first line. I think the problem may lie in that your employer is focusing on the holiday aspect rather than that you have requested parental leave.

Original poster
user1471461798 · 03/03/2018 22:41

flowery, if they didn’t come back with alternative dates within the 7 days, surely they can’t change the dates now, or am I wrong?

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kath6144 · 03/03/2018 22:44

Op, have you actually dealt with anyone in HR, or is it just your line manager?

It sounds like whoever you are dealing with has no concept of parental leave and the laws around it. So now is the time to escalate to HR, pointing out that you have requested parental leave, not annual leave, as per your right.

Original poster
user1471461798 · 03/03/2018 22:46

I don’t need the full 3 weeks as we fly back on Tuesday but as you have to book full weeks off, that’s what I did. I never got the chance to offer less, as it was just refused

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Original poster
user1471461798 · 03/03/2018 22:48

No I haven’t spoken to anyone in HR, that’s what I was asking for advice on. My line manager past my request on to her manager and it was her who denied it, but left it to my line manager to tell me.

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kath6144 · 03/03/2018 22:57

In which case what poster KickAssAngel said on Page 4, is your way to go, with an email to HR. Maybe copy both your line manager and theirs in.

I think I would also be mentioning constructive dismissal, spelling out that you will have no alternative but to resign if they insist on continuing to ignore employment law, also mention that you have confirmed this with ACAS.

Original poster
user1471461798 · 03/03/2018 22:58

I think I will take the advise of Flowery and others. I will speak to HR and forward the info from the government site. Hopefully they will be accommodating, otherwise I shall hand my notice in before the final warning. Having spoken to my husband financially there is no point going in school holidays and working for 10 months for nothing. We will be going either way,

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PLFDiDi · 03/03/2018 22:58

I'd grovel to HR , in person if possible and tell them how you want to work with them to sort it in a way everyone wins. Maybe do extra days at other times, emphasise how this holiday is a deal breaker and you would regretfully have to quit despite your great track record? The law is only as good as the enforcement, most wud quit rather than pursue through the courts unless a union was willing to do it for them (unions are useless mostly) so they know the law is an empty threat. Maybe it's the right time for a new job anyway??

Thissameearth · 03/03/2018 23:01

On one point. You asked your employer what would happen if you just went anyway at the time you want and you think that a final warning would be a bit harsh. I think that’s lenient: in my view it constitutes gross misconduct (so immediate dismissal).

Original poster
user1471461798 · 03/03/2018 23:03

Surely it’s not gross misconduct if they haven’t acted according to the law by denying my leave and not offering an alternative date?

OP posts:
kath6144 · 03/03/2018 23:06

But she can quit and still go through the courts!

If they are not sticking to employment law, and she has to resign, then it is constructive dismissal. No question.

No HR manager worth their salt would want a potential constructive dismissal case on their hands, one that could easily get into the press. A good employment lawyer would tear them apart.

I work for a private consultancy, but wouldn't dream of just asking my line manager for this. I would have gone straight to HR with the request, as I doubt my line manager knows the laws around parental leave.

RomaineCalm · 03/03/2018 23:08

OP - you have a statutory right to Parental Leave and whilst your employer can postpone it, they cannot refuse your request.

The reasons for wanting the leave are irrelevant.

I would write to your HR department and politely outline what has happened.

E.g. I formally requested statutory parental leave on xyz date.
On xyz date I was told that my leave request had been refused.
I was not given the option to to postpone the leave, nor was I given an alternative date.

I would state that you would like HR to review what has happened here and that you would like to resolve the issue. If it cannot be be resolved, state that you will have no choice but to raise it as a formal grievance.

This isn't about it being inconvenient for your manager, you have a right to request this leave and if they genuinely cannot make it work they have to discuss alternative dates with you.

m0therofdragons · 03/03/2018 23:11

Missing point of the thread but at 17 I was in Majorca with my friends not on holiday with my parents Confused does your dd even want to go?
I've never read up on parental leave so this has been an education.

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