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Original poster

Working rights/process when kids are sick

34 replies

TBC45678 · 16/11/2022 18:57

Seeking some more info than I've found on my Google search - partner's got in trouble for taking a day off when our child was sick. He let his immediate boss know and was subsequently told he should have booked it as a day's holiday. Is this right? My work are very understanding and I've never really had to worry much (other than feeling guilty) when I've taken days for the kids being sick. They are young so it happens a lot. I have always assumed it just comes out of my sick day allowance and would be unpaid if I go over my allowance? Surely it's not a holiday day?

OP posts:
Cuddlywuddlies · 16/11/2022 19:04

I don’t know how it works In England but In Ireland we have “force majeure” leave for this kinds of incidents By law, we are entitled to take up to 3 days force majeure leave in any 12-month period, or 5 days in a 36-month period. Depending on your employer and your contract of employment, you may be able to take more than this.
You are entitled to be paid also.

Chomolungma · 16/11/2022 19:04

They don't have to pay him for sick pay if a child is ill, so they are entitled to ask him to take annual leave or unpaid leave.

BayCityTrollers · 16/11/2022 19:07

Carers leave which could be paid or unpaid or annual leave. We have dispensation for up to 5 days paid carers leave a year at managers discretion, other than that it is annual leave.

It wouldn’t come under sick pay as it is not the employee who is sick.

BoredWithLife · 16/11/2022 19:08

Most companies have some sort of policy on dependency leave - generally speaking it will be unpaid

www.gov.uk/time-off-for-dependants

Parker231 · 16/11/2022 19:09

You can’t take sick leave when you are off work when your DC is unwell. You either ask your employer whether you can take a day’s holiday (this can be refused) or you ask for unpaid leave.

DevilMayCare999 · 16/11/2022 19:09

www.gov.uk/time-off-for-dependants

Would not count under sick pay of parent. Employer could deem it unpaid (or paid but could use personal holiday)

WorrieaboutFIL · 16/11/2022 19:09

Unfortunately it may have been better for him to have lied

Quveas · 16/11/2022 19:10

You can take holiday IF your employer agrees. Otherwise the law says that you can have UNPAID time to arrange for care but not to do it yourself. Anything over and above that is at the discretion of the employer.

bellac11 · 16/11/2022 19:10

No its not sick leave OP, its usually either carers leave or annual leave. The carers leave might be unpaid but if he's lucky his employer will allow a days annual leave which of course is paid

Although some people have paid carers leave

Quveas · 16/11/2022 19:12

WorrieaboutFIL · 16/11/2022 19:09

Unfortunately it may have been better for him to have lied

And if identified as such, that would be a gross misconduct. After which he'd have had plenty of unpaid time off for childcare.

purpleme12 · 16/11/2022 19:12

We can't take it as sick because we're not the ones who are sick, the child is.
You have to take it as holiday but sometimes they won't let you (makes no sense to me) so you have to make the time back. Or you could always take it unpaid...

ilovesooty · 16/11/2022 19:15

I'm afraid as posters above have said, it's normally annual leave or unpaid, and his manager is correct. It doesn't come under sick leave.

And yes, claiming to be sick when you're not as one poster suggested can land you in trouble.

Cuddlywuddlies · 16/11/2022 19:20

God they really shaft ye over in England in any way they can don’t they!?!

I can’t believe force majeure is not a thing for you. I have had to take this when my kids are sick..which is not often. I once had to take it When an elderly relative fell and I had to take them to a&e.

Idontgiveagriffindamn · 16/11/2022 19:22

Don’t think there’s such a thing as sick day allowance.

And anyway you’re not sick so it can’t be taken as sick leave.

fluffi · 16/11/2022 19:23

Partners employer is 100% correct - this comes out of annual leave if they want to be paid normal rate or else it’s unpaid dependants leave.

Sick leave is for when the employee is too sick to work, not for children / dependants / pets etc!

Your company are exceptionally generous giving you paid time when your children are sick! Most parents set aside some of their annual leave for childcare emergencies / illness

brighterthanthemoon · 16/11/2022 19:24

He's not sick. Hopefully he won't get fired.

Hbh17 · 16/11/2022 19:28

There is no such thing as a "sick day allowance". You should only take a sick day if you are ill yourself, otherwise you take zero days of sick leave.
There is no statutory right to any time off for a child's illness. An employee may have a contract which allows some days for dependents' leave, but many people don't. So it sounds like your husband's employers are correct.

EdithWeston · 16/11/2022 19:37

Info on policy and basic rights

www.gov.uk/time-off-for-dependants

Original poster
TBC45678 · 16/11/2022 19:41

Many thanks for the info!

@brighterthanthemoon

OP posts:
Original poster
TBC45678 · 16/11/2022 19:42

Sorry, didn't mean to tag you - your comment was the least helpful 😂 everyone else, many thanks!

OP posts:
CantFindTheBeat · 16/11/2022 19:56

TBC45678 · 16/11/2022 18:57

Seeking some more info than I've found on my Google search - partner's got in trouble for taking a day off when our child was sick. He let his immediate boss know and was subsequently told he should have booked it as a day's holiday. Is this right? My work are very understanding and I've never really had to worry much (other than feeling guilty) when I've taken days for the kids being sick. They are young so it happens a lot. I have always assumed it just comes out of my sick day allowance and would be unpaid if I go over my allowance? Surely it's not a holiday day?

Are you in the UK, OP?

If so, there isn't any statutory sick leave allowance, so your company are very good if they've paid you for days taken off to look after your children when they are sick.

BOOTS52PollyPrissyPants · 16/11/2022 20:22

I know here in Ireland you are allowed 3 'force majeure' days off per year and a total of 5 days over 2/3 years which allows for family crisis or illness (to look after a sick family member) you only have to ring in on the morning and let work know and you will get paid. This is a parental leave act which the employer has to honour. Please look up force majeure in your country or on Citizens Advice and it should give you all the information you need. Hope that helps. A lot of employers are shocked and pissed off when employees are aware of this as they are not offering the information out to employees. Also on Citizens Advice/Information service look up Employee rights as gives great information if someone is getting bullied in the workplace etc.

ChristmasJumpers · 16/11/2022 20:28

It's taken as holiday at our place but unlike planned holiday, we won't turn it down if holidays are already full for the day. It does come off your holiday allowance though. If it was just a free day off I imagine people's children would be sick a lot more often. It also can't go down as a sick day for the employee as you are not the sick one

ChristmasJumpers · 16/11/2022 20:31

Forgot to say, we also have "dependency leave" at my place but only 1 day per year for emergencies including children being unwell. That one is a freebie but it's annual leave for any further days

XanaduKira · 16/11/2022 20:38

Parker231 · 16/11/2022 19:09

You can’t take sick leave when you are off work when your DC is unwell. You either ask your employer whether you can take a day’s holiday (this can be refused) or you ask for unpaid leave.

This.