Aibu to think that I have rights?

[Lmh120108]

Ok have 2dc DD is 12 DS is 4. Has medical conditions so have sent neither of them to school.
Key worker. Relied on school and grandparents before lockdown.
Their dad is caring for his poorly dad out of town, and so it's all very limiting for childcare. Been off with mental health issues for couple of wks, due to return this wk.. been in touch with work throughout all seemed ok. Was talk of staggered / phased return etc, but nothing in concrete was just chatting about what options I had. Anyway, fast forward to today, spoke to employer, suggested differently working hours , their dad and I made sort of arrangements for me to work early, as he can work late, and still care for his dad. I have to be at work for core hours , to make sure certain bits are done.. so I suggested instead of 7-3 I could work 6-12. That's hardly a reduction in hours and it helps balance everyone work/care commitments. At the end of the day, these are unprecedented times. It's a global pandemic ffs. I could have asked the gp for reduced hours on fit note but I thought we could mutually agree.. anyway, it went down the a lead balloon. I've been told to attend work as normal , and we can have a discussion and put it in writing and it will be considered. I can for the time being I can use annual leave for 2 hours a day, and do 9-3 instead..... how does this help?
Even when I do send dc back to school , preschool will only be doing half days, so what do I do while I wait for it to be "considered" .. I thought u got supported after longer term sickness? Eg: reduced or phased return etc. I can't take parental leave until I've worked their for a whole year, which isn't for another 3 wks , and I still have to give notice for that I think.... anyone else in the same sinking ship?

You don't have a right to a phased return, or to reduced hours.

A couple of weeks off sick is not long term. Also the idea of reduced hours when you start back after sick leave is that you gradually increase to your full hours, usually over a month. We usually go to occ health for advice too.

But from what you said the main issues is childcare, not health?

It sounds like your employer did listen and make accommodations for you to work a shorter day, and take leave for the other 2 hours a day. Just not the hours you unilaterally decided were the only acceptable ones (I do understand you had reasons, but still).

Yes this is an unprecedented situation - but what you're asking for basically is to go part time for the foreseeable but get paid in full. If you don't want to use your leave and need shorter hours, you could make a flexible working request (sounds like they're prompting you towards this).

2 hours a day is over a whole working day a week by the way - quite a significant reduction in hours, productivity etc.

I don’t know what your role is, but you also need to consider that under your proposed hours you’d potentially be available to interact with others For only 3hrs a day 9-12 rather than the usual 8hrs. Even if you’re not a direct customer facing role then thats still workload others need to pick up in the moment or a barrier to other people getting their work done until the next day.

If you end up doing a flexible working request then remember you’ll need to demonstrate the benefits for your employer, not for up you.

It seems to me it's more of a childcare option than a health option to be honest- and as a key worker you are entitled to go to school. What are your child's health issues which mean they can't? I think because you are choosing not to use the childcare available to you (the fact they said you can do 9-3 is school hours so they're probably thinking the same) and it's your choice not too then you are the one that is refusing the compromise.

I think you should get proper advice. You will get random opinions on Mumsnet rather than facts.
My random opinion is that unless you have been employed for two years you have very few rights. Your employer can just sack you.

I work 3 days a wk. HCA, non patient contact role. Underlying health conditions are defects of throat, airway and chest wall.. meaning even slight colds can require oxygen and he's been in intensive care several times. So this is already an anxious time, so adding to it is the thought of feeling forced to expose them both..

It's not that you don't have rights, but you don't have the rights you think you do.

There is no right to a staggered or phased return. You shouldn't need this anyway after being off for a fortnight. Doesn't sound like you need it for health reasons anyway so it doesn't apply.

Sounds like your employer is actually trying to compromise. I think at present your best bet would be to see if you can get a letter from your child's GP saying they cannot attend key worker childcare provision.

Also, you haven't worked there for a full year so could be dismissed at any time. Do look into your rights before you go any further so you understand what you can reasonably expect.

Your employer doesn't have to alter your hours, flexible working can be requested but does not have to be granted and generally needs to be mutually beneficial. It's not your health so any arrangement around changing hours to suit your preferences for childcare are really at their discretion.

Are you in a union? They are usually best placed to negotiate things like this.

I've just re-read my post properly ..
I've been off for several weeks..
it's not that I don't want to send them, of course this is having a negative effect on my children too, no social contact with peers etc. Which is obviously horrible for them too.. but as I say, even when I feel the time is right for them to safely go back to school, it will only be limited times.

My anxiety, panic attacks and depression have been addressed and work have been understanding about the time off I've had.. which im grateful for. I am still experiencing bouts of these horrible feelings, but I know the longer I'm out of work the worse I'll feel about going back. Plus, we all need to find a new normal I suppose.

I may have come across as a stubborn child with my thoughts on "rights" .. I don't mean me personally. I mean anyone in my position..

This is what I've found online..

1.4 Where an employee’s period of sickness is 28 calendar days or more it should be treated as long term sickness in accordance with this ..

And this with regards to flexibility during the covid outbreak. This is without the normal phased return that I'm entitled to ask for.

However, it may still be possible that staff with caring responsibilities for children and/or adults, may require time away from work. Around 75 per cent of NHS staff are women and more likely to have caring responsibilities.

The approach employers should follow is that where staff cannot make use of existing provisions such as care provided by schools for critical staff, as set out above, they should exercise their discretion and use the flexibilities they already have to support staff at this difficult time.

It is critical that employers are as supportive as possible, considering carefully the need for flexibility given the exceptional circumstances. Staff may need to work flexibly or from home, or temporarily alter their working hours, and employers will be expected to be as flexible as possible when considering these requests, while balancing the needs of the service at that point in time.