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Original poster

Time off for disabled child

41 replies

Nurse1980 · 02/12/2022 18:51

Hi, I work for the NHS. I start a new job in a new NHS Trust in two weeks.

My daughter is disabled, has DLA and an EHCP. She is transferring to a new school in January (we have found out today).

Unfortunately it means she will be doing a transition of part time school hours in January. Starting with an hour a day.

I have asked my new job if I can take a day of unpaid leave a week in January so I have some time to transition my daughter with the half days etc.

They have flat out said no.

Do I have any employment rights with regards to this? She is classed as disabled.

I may have to stay in my current role if my new job can’t accommodate this.

Thank you.

OP posts:
Happycow · 02/12/2022 18:53

Look into parental leave - that is unpaid and has to be taken in blocks of 1 week (so 1 wk min) - although im not sure how much control your employer has over when you take it.

BatshitandBonkers · 02/12/2022 18:54

This say you must have worked for your employer for a year or more, is it a different trust or something?

www.acas.org.uk/parental-leave

BatshitandBonkers · 02/12/2022 18:55

Sorry, yes I see it’s a new trust. It also needs to be requested 21 days in advance I’m afraid.

LIZS · 02/12/2022 18:55

Unfortunately no statutory right. It would be up to your employer's discretion. Do you have no AL to book?

lipstickwoman · 02/12/2022 18:56

You could always request your off duty or use annual leave?

Monkeytapper · 02/12/2022 18:59

‘A day of of unpaid leave a week in January’….are you wanting 1 day or a week? Or 1 day every week every week in January, sorry I can’t work it out. Have you asked to take annual leave?

Monkeytapper · 02/12/2022 18:59

Sorry, I’m confusing it more now!

Bobbybobbins · 02/12/2022 19:00

You can ask employers to 'consider' your child's disability but I don't think it's a legal requirement unfortunately. I am lucky that my employer (also public sector) has allowed me the adaptation of a short day to do the school run on one of my 3 days and parental leave for any medical appointments relating to the disabilities.

Kaffiene · 02/12/2022 19:01

Happycow · 02/12/2022 18:53

Look into parental leave - that is unpaid and has to be taken in blocks of 1 week (so 1 wk min) - although im not sure how much control your employer has over when you take it.

If you have a disabled child you can take individual days

RudolphTheGreat · 02/12/2022 19:01

I thought you could have parental leave in one day stints if you have a disabled child. It's still reliant on them agreeing though.

MolliciousIntent · 02/12/2022 19:04

I think you'll need to tell the school that you can't do a transition, and get her in full time from the off.

Original poster
Nurse1980 · 02/12/2022 19:27

I have requested to take AL but I don’t have enough.

OP posts:
Original poster
Nurse1980 · 02/12/2022 19:28

My matron has spoken to her manager and it’s a definite no from them.

I want one day a week for the month of January, I have suggested both unpaid and AL.

A phased return is a must for her, she won’t settle without one.

OP posts:
lipstickwoman · 02/12/2022 19:34

Is there anyone who can help?

I imagine they have your induction planned and/or a rota covered by now

Bookaholic73 · 02/12/2022 19:36

If you have a partner/husband can s/he request the time off instead?

Original poster
Nurse1980 · 02/12/2022 19:38

We have no family help.

He will book off two days a week.

OP posts:
Princessglittery · 03/12/2022 00:43

@Nurse1980 Talk to ACAS, this is a mix of carer’s leave and temporary flexible working as a reasonable adjustment for a disabled child. They will be best placed to advise how to approach this.

I can see that the timing is not ideal as you haven’t even started the job. I’m going to ask a difficult question, if it came to it could you afford to lose this job?

Original poster
Nurse1980 · 03/12/2022 01:00

Yes I was thinking about ACAS.

My manager has suggested I take on a childminder to drop her off and pick her up and then look after her for the day. Not that easy with a complex SEN child.

I could only afford to lose the job if my current job would let me stay.

OP posts:
Princessglittery · 03/12/2022 01:47

@Nurse1980

Start by talking to ACAS.

As it’s a move within NHS talk to your current manger/HR and ask if they would let you rescind your resignation/transfer request. At the same time explain what unpaid leave you would need.

If they will, then go back to new employer and say sorry withdrawing job acceptance and staying with current employer.

What ever you do, do not play games I.e. if current job will let you rescind grab it and do not even think about taking new job. Your DC is what is important, there will be other jobs.

Original poster
Nurse1980 · 03/12/2022 08:31

Yes I’ll ring them on Monday.

I feel quite embarrassed asking if I can stay in my current role. Luckily my hours there mean that I won’t have to take unpaid leave.

OP posts:
Grassisbluer · 03/12/2022 09:09

I'm sorry this is all so difficult💐
You say your husband will be off two days a week, and that you were planning to cover one day.
What were your plans for the remaining two days? Could your arrangements for those days be extended to cover an extra day?

Sindonym · 03/12/2022 09:13

They sound as if they will be a nightmare to work for. See if you can stay in current role.

Original poster
Nurse1980 · 03/12/2022 09:20

Hi, my new job is 4 days a week. So I was going to ask to drop to 3 in January. My husband was going to do 2 days and my sister can do a Wednesday on her day off.

OP posts:
Grassisbluer · 03/12/2022 09:34

Thanks OP

LunaAndHerMoonDragons · 03/12/2022 10:18

Is this a one off or likely you'll need to take more time off or need flexible working in the future? If this is likely to be a reoccurring issue I don't think a job where they're not interested in making adjustments,. is a good cut when you have a child with complex needs.

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