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Help. my employer has refused me time off to care for my sick child
Hi Everyone.
i have a small problem with my employer. last saturday my partner called me to say that my daughter was unwell and she needed me to come home to help her care for her. i am aware that under S.57A of the Employment Rights Act 1996 as amended by the Employment Relations Act 1999 i have a right to a reasonable amount of time off to care for a sick dependant or to arrange alternate child care.
however my employer refused my request to be relieved from work for the after noon as firstly they didnt wish to have the supervisor sat at my palce of work covering my job and secondly my boss said that he was allowed to refuse my request as my partner was at home and able to care for my children. my question is, can anyone point me to any tribunal cases where this issue has been covered
also can anyone offer any advice on how to deal with this
Re: Help. my employer has refused me time off to care for my sick child
I think your employer is actually right, i.e. that your partner was already there. What if I know in advance that the problem is going to arise?
The legal right only covers emergencies. If you know beforehand that you’re going to need time off, you may be able to arrange this with your employer by taking another form of leave. If it’s your child that’s involved, you may be entitled to a period of parental leave (see How do I find out more below). How much time can I take off?
As long as it takes to deal with the immediate emergency. For example, if your child falls ill you can take enough time off to deal with their initial needs, such as taking them to the doctor and arranging for their care. But you’ll need to make other arrangements if you want to stay off work longer to care for them yourself. Will I be paid?
Not necessarily. It depends on your employer or employment contract. There is no legal obligation for your employer to pay you for the time you take off. How much notice do I have to give my employer?
You must tell your employer as soon as possible why you are away from work and how long you expect to be off. If you return to work before you’ve had the chance to contact your employer, you must still tell them why you were absent. How do I find out more?
This leaflet only gives basic guidance. It doesn’t attempt to be a comprehensive guide and shouldn’t be taken as an authoritative statement of the law. For more detailed information see:
Re: Help. my employer has refused me time off to care for my sick child
Hi Bally35.
thanks for your input. however i have to disagree with your analysis. the Employment Rights Act 1996 states....
Time off for
dependants.
57A. - (1) An employee is entitled to be permitted by
his employer to take a reasonable amount of time off
during the employee's working hours in order to take
action which is necessary-
(a) to provide assistance on an occasion when a
dependant falls ill, gives birth or is injured or
assaulted,
(b) to make arrangements for the provision of care
for a dependant who is ill or injured
there are other parts to the act but this is the relevent sections .the fact is that my daughter fell ill on saturday at midday, at the point i went to work she was fine however she fell ill half way through the day. the act states "TO PROVIDE ASSISTANCE" on the literal interpretation of the words it is clear that it is irrelevent if the second parent is present or not as it gives an employee the right to assist with care.
i already have some relevent case law from a tribunal and appeals tribunal which backs my arguement but i was hoping that someone on here may be able to high light a few more relevent cases
once again thanks for your help i really do appreciate you taking the time to reply
Re: Help. my employer has refused me time off to care for my sick child
I don't know!
But my employer is brilliant with these types of things where if my daughter falls ill I just phone and say takig the day off and call on a daily basis until return. They have no problem if husband is there or not. If things come up in advance there is no questions asked . It is unpaid with my employer but would rather be at home being a mum that at work being a robot!
I can't see how they can say that your presence with your daughter through such times is less important than your partners espeically if your partner is knee deep in , how do i put this politley, cleaning up and trying to care for a screaming and in-pain child as your parnter may also require support as it ain't nice when your wee ones are poorly as no matter how prepared you are the emotianal sides take over!
Re: Help. my employer has refused me time off to care for my sick child
Originally Posted by pt2537
Time off for
dependants.
57A. - (1) An employee is entitled to be permitted by
his employer to take a reasonable amount of time off
during the employee's working hours in order to take
action which is necessary-
(a) to provide assistance on an occasion when a
dependant falls ill, gives birth or is injured or
assaulted,
(b) to make arrangements for the provision of care
for a dependant who is ill or injured
I agree with what (a) says. It appears your employer is using (b) as a get out. If your daughter had been with a childminder and had to be removed from other children, then under (b) you would be allowed to collect her and take her to a relative to care while you went back to work. They are effectively saying you did not have to take your daughter anywhere as she was already been cared for by your partner. By the same token they may have allowed (a) if you had to take her to hospital urgently. Each employer is different in its own needs and that will partly determine their response, whether it is fair is debatable.
Re: Help. my employer has refused me time off to care for my sick child
First question ...........is your partner the mother of the child? If she is I’m sorry but the child was cared for and you have no right to take time off, unless the mother is unfit to care or incapable.
For example, I had a case where the wife was blind and the daughter had broken her leg, now the mother was incapable of looking after the child without risking injury to both.
If your partner is not the mother then you had the right to take time off, without pay and only to arrange child care.
Most employers will give time off without question, as a rule 3 days is considered “reasonable time “to arrange child care. I should point out that the law covers a Dependant not just a child, so if your wife is ill, mother (not uncles cousins etc lol) etc your covered.
Re: Help. my employer has refused me time off to care for my sick child
Originally Posted by cal37
Most employers will give time off without question, as a rule 3 days is considered “reasonable time “to arrange child care. I should point out that the law covers a Dependant not just a child, so if your wife is ill, mother (not uncles cousins etc lol) etc your covered.
A literal interpretation also includes pets as well in the event that they need care whilst ill :-?
Re: Help. my employer has refused me time off to care for my sick child
Originally Posted by Sidewinder
A literal interpretation also includes pets as well in the event that they need care whilst ill :-?
Indeed you are correct, the law states you can have time off to deal with an emergency, that can include a ill pet, the water tank bursting etc etc. however you need to be realistic and fair, if you are taking the proverbial a company can and will refuse and you would lose any claim.
Re: Help. my employer has refused me time off to care for my sick child
Im sorry but i would have to disagree, for the purposes of the Act it refers to dependants as
(3) Subject to subsections (4) and (5), for the purposes
of this section "dependant" means, in relation to an
employee
(a) a spouse,
(b) a child,
(c) a parent,
(d) a person who lives in the same household as
the employee, otherwise than by reason of being
his employee, tenant, lodger or boarder.
an animal cannot be a person nor can you take time off for a burst water tank unless it is part of your contract. im afraid not even the mischief rule or the golden rule would allow a judge to interpret this act to cover those issues.
Help. my employer has refused me time off to care for my sick child
Reply With Quote
Originally Posted by pt2537
a company can and will refuse and you would lose any claim.