Has anyone taken a Leave of Absence to look after their children ?

[Mojomummy]

I am coming to the end of my year off & don't want to go back to work for another year.

I've spoken to my manager this morning who told me he was expecting me to resign. I said I would like to take a year of absence.

Am assuming I'm going to have to make an offical request & I'm interested to know reasons given.

I told him I want to take the time off to care for my daughter & he doesn't think this is a good enough or 'eligible' reason - travelling the world would be of course.

DOn't want to jeopardise my chances, so any advice appreciated.

I am a little confused why a company would continue to pay someone while they stayed at home to look after their kids? Maybe I am niave, but what benefit does a company gain by giving leave of absence for a year for that person to do nothing related to their current job and then come back and start again in a year?

I had 5 months mat leave, and my kids started nursery full time at the point I returned. Why on earth would anyone expect their company to pay them while they weren't actually working for them? Have I got this wrong? Do they not pay you but keep your job open? If thats the case, you can clearly afford to live without your wage, so why not leave and get another job when you want to go back to work. Sounds to me your job doesn't have you enthralled, so why stay?

No, you DON'T get paid for leave of absense. Loads of people do it so they can get the break they want but keep the job open. Mojo did want to go back but the whole mess they are making with the job they are creating is making her want to leave! She's been there a very long time and deserves redundancy but sounds like they are trying to get her to resign to save money!! They've been horrible to hher, don't blame her for wanting an extra year off!! Suppose you have to have read the other thread to know the full story

ah so wants to be booted rather than choosing to leave??? Thats what i'm doing....howveer there is no way my co would keep my job open for a year when they knew i was home with kids as they know i would need some kind of retraining when i got back.

Oh and i did read the whole thread, but it read like she didn't like her job or the company, so i was thinking why not leave for the sake of her and her kids happiness, no point working if you don't have to, if i could afford not to work i would in the blink of an eye sod the redundancy.

mojo is your old role level x, y and z?
Difficult to say without knowing more about your job classification, but does sound as though new role would not be suitable if they do try and make you take it.

See what further info comes from email and chat with senior mgr and take it from there

Meeely2 - sorry, didnt know if you'd read the other thread she had. Anyway, I see what you're saying HOWEVER she's hoping for a big fat check if they cave in, I think! She DOES want her old job back but they've got rid of it so she's seeing what her rights are and what can be done before just leaving

my role was intending to span x,y,z

I've just spoken to my new manager - who will be managing me in the role I have declined.

Apparently it's the same job - because my old job was an administrator & this is too. Due to management & department changes, my old role/tasks etc no longer exist.This is somehow a transfer.

I've just been told it's office based - because - - - don't allow you to work at home if you have to care for young children.

It's pants.

meely2 - does your company offer leave of absences ?

Are xyz areas of responsibility/work or scales/tiers/similar indicating status?

Does the new role require skills you don't have? Is it paying less? Are the broad task areas similar?

Administrator difficult role to have working from home, although obviously don't know enough about your role to give a view on that, so can't say whether the role could be done from home if that's what you want to do.

If they are saying you can't work from home because of young children that is of course rubbish - unless you were planning to work without having separate childcare for your baby daughter...? In which case that definitely is not pants I'm afraid - working from home should involve exactly same dedication, commitment etc as being in the office and clearly you can't do that as well as be sole carer of a small child.

See if you can give me answers to the questions I've asked and we can work out whether it's a suitable alternative or not.

mojo, i have no idea to be honest as i never knew such a thing existed! learn summut knew everyday

yes the x,y,z refers to the band. So I am currently an x, if I want to get my next band, which is Y then I would need to 'grow' the role to become this. The role I've been given is just one level, so doesn't span other levels - which suggests to me that I will have a great deal of trouble trying to get promoted.

It's new things to learn, but an adminstrator role, so any thicky could do it.Liase here, liase there, produce a report, update a team room. Same outfit, different colour...

I wouldn't dream of working at home without childcare in place - there is no way that would happen.

About my location - the team is all over the country, so in my office there is no-one. I could be in a drop in area as far as anyone is concerned, so in that respect, I don't understand how they could refuse home working ? The only thing I don't have at home is easy access to shops !

I sit with the oddballs that don't work all over & this is their base location. No-one is in my department.

what I mean is this...the oddballs that work all over the country

oh I see. Hmm. Not sure different promotion prospects would make the role unsuitable to be honest. Especially because as an administrator in a blue chip it could easily be argued that with transferable skills in such a big organisation you could easily get promotion by moving up and around the company. If current status t&c etc of the role are the same it does sound like it could be a suitable alternative I'm afraid so you may be stuck with it. You said earlier there was some confusion about what people were expecting you to do. Now you are back, is this new role a genuine role that needs doing?

Apologies for thinking there may have been a possibility you might want to work at home without childcare just thought I'd better check - have spent umpteen hours trying to explain why refusing this is not against flexible working regs to people who do not grasp concept of working from home as opposed to 'working' from home.

So sounds like reasons for no homeworking are a load of tosh, potentially? In fact it sounds like it's a policy not to allow people with young children to work from home regardless of childcare arrangements. Hmm, sounds a bit discriminatory to me...

If you think there is a good case for working from home part of the time and that's what you would want to do, put in a flexible working application. If they respond stating that policy is not to allow it where employee has young children, that is discrimination. Expect they won't be that stupid, so will come back with other reasons, which you can then appeal if they are not good enough.

Have you put in an appeal against the parental leave postponement?

I'd like to work from home a couple of days because it's a good 40 mins drive, so will check out the flexible working.

No, haven't put in the appeal about parental leave...not sure what to say ? I'm starting to feel a bit beaten about it, it's all so difficult.

It's ridiculous that they've created this role - do they think I'll sue them or something ? surely if my old job has gone, they should offically notify me & then offer me options ?

i work from home when i need to, but it's not a formal agreement. I.e. i have a package arriving, or having work done to the house i can work from home as all i need is an internet connection.

My boss is good as when my boys were poorly with chicken pox and all they did was sleep and eat/drink milk, i worked from home, and made up the time i spent feeding them or cuddling them, after they had gone to bed.....so it is good to have flexibility, but i defo couldn't have them at home and work from home, would be mayhem!

Mojo. They certainly did that at my old company, as you know. My role was moving to Dublin so I had the choice of moving over there, taking redundancy or going for another position in the company. I was definitely under the impression they had to offer me redundancy due to the fact my role was no longer? Anyway, as you know, I was just going on maternity leave so took redundancy!

They should officially notify you if your job has gone, yes, but they don't have to give you 'options'. If this new job is a genuine job, does exist, does need doing, you have the skills to do it and has same t&c as your previous job, it's not a question of giving you options, they would just be notifying you that's what's happening.
On return from additional ML you are not entitled to your own job or redundancy, they can move you to a similar job if your old job no longer exists without having to go through any redundancy procedure or consultation.

If on the other hand you don't think this new job really exists - you mention you are not sure why they created it? - that's slightly different. If they have created a post which there is no need for, and no genuine tasks for, then you are redundant, but I can't think of any reason why they would do that - that is clearly more hassle and expense for them to pay you in a non-existent job than actually making you redundant.

If you want to appeal the postponed parental leave you need to ask them for detailed reasons why your absence at any time during the next six months (as they have postponed it for 6 months) will cause undue disruption to the business. That's the key and they haven't explained that to you yet.

So I think it all hangs on whether this new job is an actual job, if there is actually work for you to do. If there is, it does sound like a suitable similar alternative to your previous job, in which case you are not redundant. If not, that's different and you may be.

Seems as though the situation may be that they are not avoiding redundancy particularly, your old role has gone, they have a new one, they were expecting you not to come back and were gearing up for getting someone new in for the new role. Then you didn't resign and instead asked for leave of absence then parental leave. They were advised that you would have to be given the new job if you came back so they have been denying all your requests in the hope that you will not come back so that they can get someone new.
Does that sound possible?

thanks - so, potentially stuck with this role.

I will prepare the mail as you've mentioned - does it just go to my new manager ?

They had mentioned this as part 2 of the excuse to postpone parental leave

This 6 months postponement period will also give you the opportunity to qualify for a full review in 2007 and therefore give you the opportunity to influence your 2007 Bonus and 2008 Salary increase plan by your performance in your new role for the remainder of 2007.

is this valid ?

yes, to your new manager. Would copy in HR as well - do you have an HR rep or contact who is responsible for your dept/location?

Salary thing - that is not a reason they are giving you for postponing the parental leave, that is something they are telling you is a positive thing for you if it is postponed.

It's not worded particularly well, but I interpret that as - if you take 8 weeks off you will not have spent enough time in your new role to be properly assessed in terms of performance for salary review/bonus purposes, whereas if the parental leave is postponed, you will have spent 6 months in your new job which will give you enough time to be assessed properly in terms of your performance and to make an impact on your salary package.
It's fine to do this - obviously you can't be denied any incremental salary increase or standard fixed bonus due to being off on maternity then parental leave, but any non-contractual performance-related salary increases it would be fine to defer until you have spent a reasonable amount of time in a new job, to give you a chance to prove how wonderful you are at it and them a chance to assess your performance properly.

As I say though, I wouldn't have said that's a business reason for them postponing the leave, it's more indicating to you that it's in your interest to have it postponed. They do need to explain how your absence at the time you have requested (or at any point sooner than 6 months) would unduly disrupt the business, and if you appeal it you need to get them to explain that properly, because they have been vague on it so far.

ok thanks - I had a payrise this year (which was bizarre, but there you go) & I won't get one this next year, so not a concern of mine.

I'll find out my hr contact.

Thanks very much - you've been great & I really appreciate it

no problem at all - keep us update won't you?

updated

Ok, back again...just recieved my new R&R's can am officially advised this is an office based role. why?? am frantically reading the flexible working policy...do I complete the form or ask her why it's office based...? I work 3 days & I'll be ok to do a couple of days a week in the office.

There is no 'team' here, of course it's because they don't trust me...

I took a Leave of Absence from a life where I could eat, crap, sleep or do anything when I choose to about 7 years ago.

Not sure when it's going to end.

also, have a note back from HR ref the parental leave.

Managers have the right to postpone Parental Leave if it does not suit business needs except in the situation of imminent birth, adoption or guardianship.

If the leave is to be postponed, the employee must be notified within 7 days of the date on which the request was received, along with an appropriate reason.