Page 7 | parental leave denied

user1471461798 · 2018-03-03T20:23:51+00:00

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?

Willow2017 · 03/03/2018 23:11

Its gross misconduct for her managers to be unaware of employment law.

kath6144 · 03/03/2018 23:11

Again, Op, think what an employment lawyer would say to HR in a court, if you were fighting for unfair dismissal.

They would tear HR apart, there is a law, which currently has not been followed, so how on earth can it be gross misconduct.

I do think though, that once you involve HR, then they will be forced to give you the parental leave. You asked, they didn't give alternative dates, so they have absolutely no leg to stand on.

This might be a lesson to them to instruct managers to check with HR before refusing such requests.

paniconthestreetsofdreams · 03/03/2018 23:12

People must be being deliberately obtuse. Parental leave is protected in law irrelevant if whether you work part time, term time or what your contract states.

They can deny dates not leave.

Original poster

user1471461798 · 03/03/2018 23:13

thank you all,

OP posts:

BakedBeans47 · 03/03/2018 23:17

*People must be being deliberately obtuse. Parental leave is protected in law irrelevant if whether you work part time, term time or what your contract states.

They can deny dates not leave.*

This. What people think of the fact OP wants to spend time with her 17 year old or to get a cheap holiday matters jack shit. She’s got a legal right to the leave, albeit not necessarily at the time she chooses.

If you don’t think parental leave should apply in the circs OP describes, write to your MP and lobby for the law to be changed. As the law stands she’s entitled to make the request.

roundaboutthetown · 03/03/2018 23:19

user - you have admitted that you are "aware it's cheeky" to make the request you have made for the reasons you made it. Once you have to resort to holding the law against your employer for a "cheeky" request, you might as well accept you have become a shit employee in their eyes. Hence why it is better to work somewhere where you actually attract a sense of loyalty both ways - because then requests don't tend to be seen as cheeky, but as give and take on both sides. A good employment relationship is about more than the law. You may be within your legal rights to go on your holiday, but that doesn't make you a good employee to abuse that right in the way you want to. There is a difference between the soirit and the letter of the law and you admit yourself your request was "cheeky" and therefore crossed that line.

roundaboutthetown · 03/03/2018 23:20

spirit not soirit!

paniconthestreetsofdreams · 03/03/2018 23:24

user - you have admitted that you are "aware it's cheeky" to make the request you have made for the reasons you made it. Once you have to resort to holding the law against your employer for a "cheeky" request, you might as well accept you have become a shit employee in their eyes. Hence why it is better to work somewhere where you actually attract a sense of loyalty both ways - because then requests don't tend to be seen as cheeky, but as give and take on both sides. A good employment relationship is about more than the law. You may be within your legal rights to go on your holiday, but that doesn't make you a good employee to abuse that right in the way you want to. There is a difference between the soirit and the letter of the law and you admit yourself your request was "cheeky" and therefore crossed that line.

They're not being a good employer by not knowing the law and threatening final warnings. They could literally have googled it

roundaboutthetown · 03/03/2018 23:24

So I say find work somewhere where they want to keep you enough that they would let you have the holiday even if they didn't have to, because they want to keep you. Bollocks to the law in this case - everyone has lost something by you having to resort to it.

roundaboutthetown · 03/03/2018 23:25

So - who wants to work for a bad employer?... Shit employee, shit employer. Fantastic. Not.

Willow2017 · 03/03/2018 23:26

Offs! First time in 8 years she has requested leave isnt actually 'cheeky'.
IT DOESNT MATTER WHY SHE IS TAKING IT SHE IS ENTITLED TO IT BY LAW.

paniconthestreetsofdreams · 03/03/2018 23:26

So - who wants to work for a bad employer?... Shit employee, shit employer. Fantastic. Not.

What?

paniconthestreetsofdreams · 03/03/2018 23:27

So I say find work somewhere where they want to keep you enough that they would let you have the holiday even if they didn't have to, because they want to keep you. Bollocks to the law in this case - everyone has lost something by you having to resort to it.

Parental leave. Not a holiday. Happens to be going on holiday during parental leave.

FormerlyFrikadela01 · 03/03/2018 23:30

user - you have admitted that you are "aware it's cheeky" to make the request you have made for the reasons you made it. Once you have to resort to holding the law against your employer for a "cheeky" request, you might as well accept you have become a shit employee in their eyes. Hence why it is better to work somewhere where you actually attract a sense of loyalty both ways - because then requests don't tend to be seen as cheeky, but as give and take on both sides. A good employment relationship is about more than the law. You may be within your legal rights to go on your holiday, but that doesn't make you a good employee to abuse that right in the way you want to. There is a difference between the soirit and the letter of the law and you admit yourself your request was "cheeky" and therefore crossed that line.

I disagree with OP that her request is cheeky. Asking for legally entitled leave is not cheeky. And these give and take relationships people talk about only ever seem to be give and take in the employers favour.

roundaboutthetown · 03/03/2018 23:32

Not understanding your question, panic. The LA's response to the OP's request was wrong and the request in the first place from someone who gets every single school holiday with their child as they are not working then, was at the very least cheeky. Making both sides a bit shit.

roundaboutthetown · 03/03/2018 23:36

user works 16 hours a week, term time only. In what way is it not cheeky to want parental leave during that minimal working time????

paniconthestreetsofdreams · 03/03/2018 23:36

Not cheeky. It's leave you are entitled to.

Your post doesn't make sense because you are imagining some weird moral / loyalty based relationship when in actual fact it's a legal relationship. It's not cheeky to apply for leave you are entitled to.

paniconthestreetsofdreams · 03/03/2018 23:38

Also according to you part time employees are entitled to less. Nice. Should she also be embarrassed she gets the weekend off?

Anyway it's irrelevant. I'm saying it again. Legally entitled. Nothing to do with cheek.

I really hope you don't manage people.

runningoutofjuice · 03/03/2018 23:39

My understanding of pro-rata parental leave - if op works e.g. 2,5 days a week during term time then she effectively works 95 days a year. To find your entitlement you then divide by 52 giving you your 'week' value, in this case 1.8 days. If op is allowed to take the maximum of 4 'weeks' a year, this would only work out at just over 7 days. Could this be why the employer is refusing it? Op wants 3 calendar weeks and is only entitled to a week and 2 days.

roundaboutthetown · 03/03/2018 23:39

Yes it is cheeky. Otherwise why witter on about 8years of loyalty as though that means anything? You only need one year of employment and bugger all sense of loyalty as it's only a legal contract...

paniconthestreetsofdreams · 03/03/2018 23:41

Yes it is cheeky. Otherwise why witter on about 8years of loyalty as though that means anything? You only need one year of employment and bugger all sense of loyalty as it's only a legal contract...

Again - what?

Can you be clearer about exactly why you think it's cheeky to take leave you're entitled to?

NoticeBored · 03/03/2018 23:42

OP What difference would it make if they did offer you alternative term time dates if you've already booked it?

roundaboutthetown · 03/03/2018 23:42

And of course part time employees are entitled to less of a lot of things, ffs - less pay, less paid holiday entitlement... it's all done pro rata.

paniconthestreetsofdreams · 03/03/2018 23:45

That's not exactly what you were saying though was it. You just said cheeky. Is the cheek pro rata too. 🤣 can you explain why it's cheeky yet?

The sensible pro rata comment from pp makes sense op. Could it be this?

roundaboutthetown · 03/03/2018 23:49

panic - a) I do not believe the OP is entitled to 3 full weeks' leave anyway on such low annual working hours; and b) I have said why I think it is cheeky already and the OP herself has said she thinks the request is cheeky. You can disagree with my opinion on what is and is not taking the piss, but stop acting thick when I have already stated my opinion perfectly clearly.