Employment issue

[gallorgs]

Hi There
I hope someone can help

I have a 8 month old who has been poorly having breathing difficulties, he has been in & out of hospital more or less since he was born, we have even had to give hime CPR 3 times.
My problem is the doctors have found no reason why this is occuring
Since Feb there has been 8 instances when i have taken time off unpaid to attend the hospital whilst he has been kept in overnight

My employer has asked to see my sons records on this but i dont really want to divulge private info to my employer who doesnt even pay me whilst i am off sick or for dependents leave

From a legal stand point is there anything i can do

Many Thanks

gallorg

Sorry op that sounds really tough, hope they sort out what’s going on for ds.

In terms of job, I’m not an expert/HR or solicitor, but even small companies that don’t pay dependency/ emergency leave usually only grant a certain number of days. Can you not take it as annual leave?

They probably want to confirm it is ds poor health (even if just for their records).

What does your leave policy say?
Have they said why they want this info? Can you ask?
What are the long term plans? Will you continue to need time off? Do you think they are worried about this and looking for a reason to get rid of you/sack/dismiss etc?

Are u in union? Do you have employee support phone line?

you are protected under the equalities act if you are the parent of a disabled child or a child with a long term illness and it seems as though your son comes under this category.

Therefore your employer should pay you dependents leave and give you time to spend with your child when your child is in hospital.

If you yourself are sick, then that is not covered by the act unless it's disability related (your own disability).

I'd suggest you read up on the equalities act and your rights and speak to a union if you are in one or ACAS if not.

You may need to provide evidence of your son's illness though. I would think that is a reasonable request.

Oh that sounds really tough on you all.

You don’t have to provide any of your sons medical records if you don’t want to and they should be giving you time off in emergency situations. They don’t have to pay you.

They are likely to want some plan to deal with the situation in future and are probably thinking they can’t continue to support that level of absence in the longer term - so worth thinking some ideas through - annual leave, unpaid leave, parental leave (unpaid), could you work more hours to accrue some lieu time or make up hours later? Do you have a partner who they may reasonably expect to share the responsibility with you?

Do they have a policy on dependents leave?

This is difficult, they clearly want evidence this is why you are off and you're not just fibbing. If the records are held confidentially and you've already told them the reason is there really any harm in them seeing the written evidence also?

Not showing them will possibly lead them to believe you're not being honest.

I don't think the information about paid time off is right, to be honest. I'm sure an employment expert will be along shortly to clarift.

rainbowtrust.org.uk/support-for-parents/practical-help-and-your-finances/taking-time-off-work

Says that parents with a disabled child certainly can apply for flexible working, or use emergency unpaid dependents' leave. Of course some employers might choose to go above and beyond and pay in those circumstances, but legally they don't have to.

Employers have every right to talk to employees who are taking a lot of time off (whatever the reason) if they think it's affecting their work. 8 days since February is a LOT of absence.

OP, I don't know about the legalities of allowing access to medical records. But it sounds from an outsider's point of view that your employer is getting a bit pissed off with all the time off you're having. What about other people staying with the child overnight? Can you afford to lose this job? Have you asked about flexible working?

It's incredibly stressful and worrying for you trying to look after your baby and keep a job going. I'd guess you're exhausted.

Parents of children who receive disability benefit / have a diagnosis that equates to a disability are able to take their unpaid parental leave entitlement in days (rather than the full week usually required). That's to recognise the increased number of appointments a child might need. It still generally needs to be booked in advance, so isn't much use for unpredictable health conditions.

I hope this is just your employer trying to ensure they act based on a full picture, and hopefully they are also following their own policy so you're being treated the same as any employee in your situation. I would suggest that instead of sharing your baby's medical records, you ask the hospital to print you a record of the dates of your baby's hospital admissions. That proves the seriousness of the illness, without sharing too much detail. Alternatively, the hospital should have given you a discharge letter at the end of every admission. You could photocopy those, as they rarely have much detail on?

While the medical team works toward a diagnosis/solution, it must be so hard. If you can, have a think about what your plan will be if it happens again. Do you have a partner, or a grandparent to the baby, who might be able to share the load at the hospital? Is your job the kind where you could make up hours over the following week / do a part day instead of a full one? There are no easy answers I know