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Unpaid Leave

8 replies

CloverD · 27/09/2023 13:21

Hi advice needed please i work in a school term time only i asked for a day off recently to attend hospital with my brother who has terminal cancer for a blood transfusion. I was granted this with unpaid leave took the day off and when i got back into work was asked to provide evidence of the appointment. Spoke to my brother it was an adhoc appointment so not formal written appointment. They have now asked for his phone number to ring him i am absolutely seething i was grilled about the appointment he wont answer as he is fuming too what are my rights? Have i got any? My brother is dying why the hell would l lie?!!!!!!!

OP posts:
TeenLifeMum · 27/09/2023 22:01

What’s the position of the person who is asking for this? I would ask them to clarify “you want to phone my brother, who has terminal cancer and is dying, so you can ask if he had an appointment and ask him if he’s dying? Do you realise how shockingly inappropriate that is? Do you have any compassion? My darling brother is dying. If you’d asked before the appointment I could have got something but I’m not prepared to put extra stress on my brother.”

I can’t believe it’s unpaid either. That’s rubbish.

dothehokeycokey · 27/09/2023 22:10

@CloverD

This is absolutely friggin disgusting behaviour and I would be going straight into the head first thing in the morning and releasing my rage if it were me.

How the hell did life come to this eh Hmm

That having written evidence or a phone call with the terminally I'll person just to prove you went with them.

I am in shock

I'm so sorry they've put you in this position

dothehokeycokey · 27/09/2023 22:11

@CloverD

And the fucking audacity to do it and demand evidence on a non paid day off aswell

I really despise how the world of work is heading in this country it's like a dictatorship

Ascendant15 · 28/09/2023 04:58

Fully aware that I am going to get slaughtered here, but this isn't about outrage, it's about facts.

It is highly unusual for school staff to be given any time off during school terms, regardless of the good reason provided. I suspect that if it were not for the reason given, it would have been a flat no. That is simply a fact. It is not unreasonable for the employer to ask for evidence of the reason given in any case - most employers would require evidence. Many require the evidence before they agree. And whilst I am sure the OP is telling the truth, the fact that they say there is no evidence of a hospital appointment in itself is a red flag for an employer - hospitals in general do not have ad hoc appointments except in emergencies, and this couldn't have been an emergency because the OP had time to ask for a day off.

Cancer is obviously a very emotive subject, but substitute any other reason, and it becomes far more rational a debate. Is there a right to take time off for personal reasons, whether paid or unpaid, during the school term? The answer to that is no, there isn't. And since the school demonstrated reasonableness in agreeing, presumably because of the circumstances, it isn't unreasonable of them to want to show due diligence in evidencing the circumstances. It is about balance - if they have a rule that there is no term time leave, then they need to be able to demonstrate transparency and fairness if they refuse someone else term time leave. The OP may be honest, but not everybody is. What do they do when others who want a day off claim one for equally "good reasons" now that they know they don't have to prove them?

Newtt · 28/09/2023 07:59

Thing is, OP was honest and upfront and asked for u paid leave.

Firstly, if proof was required, it should have been asked for prior to agreement not retroactively. That just creates bad feeling - after the event they should have said it was a one off and ‘just for future reference, policy does require proof…’ blah blah

Secondly, they are just creating a situation where people will call in sick in such (rather extreme) circumstances. That will not allow forward planing and will cost more as the day would then not be unpaid leave.

Goodwill works both ways and is a brittle thing.

Ascendant15 · 28/09/2023 11:08

Newtt · 28/09/2023 07:59

Thing is, OP was honest and upfront and asked for u paid leave.

Firstly, if proof was required, it should have been asked for prior to agreement not retroactively. That just creates bad feeling - after the event they should have said it was a one off and ‘just for future reference, policy does require proof…’ blah blah

Secondly, they are just creating a situation where people will call in sick in such (rather extreme) circumstances. That will not allow forward planing and will cost more as the day would then not be unpaid leave.

Goodwill works both ways and is a brittle thing.

I don't disagree. But this isn't about opinions. I don't think the employer has handled this well; but equally my own employer (huge public sector) would have expected it to be annual leave (which the OP can't do, I appreciate) or would have required evidence to grant discretionary leave, even if unpaid - especially if there were contractual circumstances where leave is normally never given.

But in the end the question wasn't "who is being unreasonable". It was "what are my rights?". And the answer to that question is that the OP has none, and failure to provide evidence of this hospital appointment could be very problematic.

I may be being overly suspicious, but I did wonder whether the employer has had an allegation that the reason given isn't true. In which case they would be obliged to investigate.

vivainsomnia · 28/09/2023 14:34

Maybe someone mistakingly so you somewhere and reported you.

The hospital will definitely have a record of the attendance. Even if agreed on the phone rather than in writing.

Ascendant15 · 28/09/2023 18:32

vivainsomnia · 28/09/2023 14:34

Maybe someone mistakingly so you somewhere and reported you.

The hospital will definitely have a record of the attendance. Even if agreed on the phone rather than in writing.

That's what I was thinking. There's often someone willing to tattle about others.

You did make me think though - every time I have a medical appointment these days I get confirmation either by text or by a digital letter accessed via a texted link. In think that's common NHS policy - after all, nobody can just rock up for a blood transfusion, they have to be organised, so there should be some form of record or just a reminder. So a screen shot would do as proof.

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