Needing Unpaid Leave To Care For Relative - Told May Need To Resign

[masjntt]

Hi

I need some advice regarding the following pls.

My dad has recently suffered from a collapsed and fractured spine, he was scheduled for surgery yesterday but the surgeon stopped midway through as he felt there was severe risk of paralysis. They advised my dad has to wait for the fracture to repair itself anything from 8- 12 weeks best case senario. My dad is very immobile and in constant pain needing medication every two hours or so etc.

My mom has been taking unpaid leave from work since this happened and as at today she has been absent for four weeks. She contacted her manager to explain the situation and to see if she is able to continue taking unpaid leave to allow time for my dad to recouperate etc. Her manager was not sure if it was possible and promised to check with HR.

She was telephoned this evening by her manager who basically didnt have an answer. She was told that there is a new rule which states that any employee having more than 4 weeks unpaid leave from work has to resign and then reapply for their position when they are able to return, this rule was introduced as people were taking leave from work to visit relatives abroad but then not returning after the agreed period and therefore extending their absence from work. The manager felt that this would also apply to my mom but had emailed HR about my moms circumstances etc and promised that he would get back to my mom mid week next week as her manager has a few days hol and is not back until them, at this point my mom will have been absent from work for almost 5 weeks therefore breaching this new rule anyway.

I ve never heard of anything like this nor been in that situation before and was wondering if anyone could offer any advice. Not that its particularly relevant but there isnt anybody else who is able to care for my dad other than my mom {im disabled, no other close relatives etc}

Thanks x

[caro]

It seems to me that your Mum's manager does not fully know themselves what the company policy is. I've attached a link about the subject of carers leave, but I think your mum really needs to talk to HR. There is no point in worrying about this until she knows for sure where she stands.

Caring for someone : Directgov

Can Social Services provide any care, which might enable your Mum to work part time?

I can understand why a small company might have a problem covering extended leave, but this is not a unique situation as carers of terminal relatives may need several months off, but if the leave is unpaid, unless your mum's job required particular skills, the company should be able to employ someone on a temporary basis to cover her absence. A decent HR person should listen and try to resolve the situation. My understanding is that there has to be a good business reason to deny carers leave.

[masjntt]

Thank you Caro, I thought that it didnt seem quite right and I agree that my moms manager doesnt seem fully aware of the policies etc as I think they tend to rely on their HR depts for those sorts of queries, my mom only works part time anyway and isnt in a skilled role lol, social services is an option but think my dad would prefer for her to be the one who cares for him as long as its ok.

Will do as you say and wait and see what they come back with
Thank you again for ur help x

[masjntt]

** Quick Update - Further Advice Needed Pls **

My moms manager telephoned my mom at home after they had discussed my moms situation with the HR team at the head office {see my first thread for details}.

The HR team have said that the decision on whether my mom has to resign to comply with the "taking more than 4 wks unpaid leave rule" is at the site managers discretion not a HR decision. HR's only concern with my mom having unpaid leave for an indefinite period was that she could be away for months on end.

The manager who telephoned her was pushing my mom to establish a return date and suggested that she could reduce her hours further and come back to work now should she need a break from caring for my dad, {that has never been mentioned that my mom waas finding it a lot looking after my dad}. My mom explained that she cant really specify an exact return date as it really is a case of "wait and see" according to what hospital speciaists have advised. Although as initially explained we were probably looking at a further eight weeks of unpaid leave as a very rough guide {would have then been absent for 12 wks total}.

No mention of an entitlement to carers leave or similar was discussed as being an option.

My mom was told to think things through and the get back in touch with them in a day or two but that she must put her intentions in writing.

Im just wondering whether this company should have a carers leave policy, is it a legal requirement or is it purely just at a managers discretion. Also bearing in mind that my mom was initially told she would have to resign and then reapply for her job when she is willing to return Im a bit unsure of how best to "word" a letter to her employers stating her intentions as to whether she returns on reduced hours or giving an "estimated" return date rather than a fixed return date, as once its in writing its hard to retract at a later date isnt it.

Sorry to waffle, any advice will be greatly appreciated
Thanks x

[masjntt]

** BUMP - Still really Need Some Advice Pls **

Employers now want my mom to agree in writing that if she cannot return after taking 3 months of unpaid leave that she will resign from her position and reapply when she is able to return - does she have to do this??

[caro]

Is your mum a member of a union, or have any legal advice on any house insurance or anything like that? How about CAB?

We have a moderator who works in HR but she's on holiday this week. If you don't get any better replies before Ell-enn's return I'll get her to look at your thread. I think she may be back at the weekend, and I hope your Mum isn't being pressured into signing anything quicker than that.

[masjntt]

Thanks for that - would appreciate it cheers x

My mom isnt in a union nor does she have free legal cover - Spoke to ACAS but they advised needed legal advice so thought would see if anyone on here could offer some help in the mean time x

[demon_x_slash]

There's some interesting info in this Guidance Sheet from the berr.gov.uk website:
http://www.berr.gov.uk/files/file41731.pdf
It essentially boils down to, under UK law, she is allowed to take time off for emergencies - however, she is not entitled to take off the entire amount of time your father spends recuperating. The idea is to allow her time to arrange long-term care, like a nurse or paid carer. Any longer than it takes to do that seems to be down to the discretion of the employer.

[masjntt]

Thank you everyone for your replies.

I have spoken to ACAS who advised that I needed specialist legal advice but did say that I would be entitled to ask for a career break to cover my absence for a long period at work in order to be able to fulfil my carers duty inconjunction with legislation passed in 2006, obviously the duration would have to be agreed / negotiated but a good employer should agree to this.

I ve have also today spoken to a solicitor specialisng in employee law who reiterated what ACAS said to me and told me under no circumstances to agree to resign from my position under any circumstance and advised that if my employer continued to press me to do so then it could be construed as constructive dismissal.

They also said that I should ask for a review of my circumstances after the 12 week period if my husband is not well enough for me to return at that point.

Just thought Id let everyone know
Thanks

[caro]

That sounds much better. I hope your employers act reasonably now.