Daughters partner has problems at work

[silverfox1961]

Good afternoon all you employment gurus.

 

My daughter is 23 weeks pregnant and has had to be admitted to hospital with Labour pains.

 

Her partner has had to take time off work to look after the other kids as they cannot get other help as yet. He has to take tomorrow off work and his employer is demanding that HE find cover.

 

Now, he has had a few days off with sickness (this is in part due to his job working with adults with severe learning difficulties) and the manager wants to convene an absence meeting.

 

The main issue is that he is being penalised by his employer for taking urgent time off.

 

Anybody know what his rights are. He has only been there just over a year.

[becky2585]

He has the right to unpaid dependent leave in an emergency such as this (provided he is an employee/worker). I would recommend he looks at the law in this area to ensure he has complied with his obligations fully, which should give him a degree of protection.

 

Finding cover isn't really his problem unless he is self employed and his contract requires him to do so.

 

I would also put something down in an email, quite clearly stating he's exercising his right to dependent leave, how long he envisages being off, and clearly explaining the situation to his employer. Then if they do take action against him as a result, he has a paper trail to fallback on.

 

Of course he would still be expected to try to find someone else to look after the children, too.

[unclebulgaria67]

This link may help

 

http://www.workingfamilies.org.uk/articles/parents-and-carers/emergency-leave-parental-leave-and-adoption-leave-and-pay

 

When I used to manage this situation, the law at the time, was that in the event of needing emergency childcare leave, the member of staff was only entitled to a day to organise other childcare arrangements. So if something happened overnight or before shift, they had that day to sort out alternative childcare. If this was not going to be possible, then the next option was to look at granting holiday leave, but if the role needed to be covered, we expected the member of staff to help organise cover for their job. If they did this, then they would be given time off out of annual holiday entitlement.

[silverfox1961]

Thank you so much for your assistance. It is really only tomorrow (Sunday) that he is struggling with. From Monday, cover is sorted. His boss is expecting the partner to do all the runnung around to get cover when he doesn't even have all the contact details for his colleagues.

 

He has an excellent work record and has worked even when quite ill as the boss is a bit of a tyrant. His performance reviews have all been good since he started.

 

I am seeing him shortly and will mention about sending an email for dependent leave. I have already told him to keep a paper trail.

[Emmzzi]

when you say they can't get other help as yet - why not? employers hear this all the time when what is meant is "I don't want to pay for it."

 

 

A list of options he had explored would be a good thing to have ready.

 

 

Also - his kids that live with him? That is unclear from your post. No legal right for g/fs kids that don't live with him.

[silverfox1961]

If they could find a childminder, I have no problem paying for it for them (if they can't) it is just at the moment they cannot find anyone (friends or family) to assist, nor do they know of any local childminders as they both do not drive. They have only lived at the home for 3 months so no local contacts as yet)

 

My daughter has 3 other kids and her partner lives with them as a family unit. In all sense, they are a family and he has responsibility within the household.

 

From Monday there will be two friends who are able to step in.

 

It may turn out that my daughter gets kicked out of hospital today or tomorrow but because they have to assume it may be longer, they have to plan accordingly.

 

Unfortunately, I am not in a position (healthwise) to do very much for them (apart from dad's taxi)

[Emmzzi]

I would advise hitting yellow pages and the internet to find childminders asap. Emergency dependant leave has limits on how much is reasonable, and he has few employment rights just now. Not driving in this era won't wash. Parental leave is for parents so unless he adopts, does not apply.

[silverfox1961]

Thanks for the response.

 

If it was for the reason that he had to spend time with his partner and their unborn baby would that not mean anything with regard to unexpected leave.

 

This is a stressful time for both of them and he wants to be there for her.

[Emmzzi]

the employer has indicated they are unsympathetic, and he has few legal rights. I'd love to tell you it will all be ok, but I think they need to put more effort into having robust back up plans.

[Sidewinder]

This isn't a matter of Parental Leave, it is time off for dependants and your daughter's partner has the right under S.57a of the Employment Rights Act to take 'reasonable' time off to deal with an emergency involving a dependant. The 'dependant' can be any person who reasonably relies on him for the provision of care.

 

The time off does not have to be paid, but the employer cannot reasonably refuse the time off providing that the employee notifies the employer as soon as is practicable, keeps the employer informed of the situation, and only the time is taken that is necessary to deal with the immediate problem - for example in arranging onward child care or for somebody else to care for the dependant concerned.

 

If he suffers any detriment for taking the time off he would be entitled to take the matter to an Employment Tribunal.

 

As Becky said earlier, he should inform the employer in writing that he is exercising his statutory right to take time off for an emergency involving dependants, will keep the absence as short as possible whilst alternative care is sought and will keep them fully informed of developments.

[silverfox1961]

Thanks all for your views. I now have a bit more info.

 

It turns out that the partner wasn't even due to be working this weekend but under pressure from his 'boss' (who is a trainee manager) agreed to work tomorrow. Obviously he can't now and the boss has placed full responsibility on him to find cover. He works one to one with his client and there is only one other the client will have in his place and he cannot do it either. He has been doing 60 hour weeks as they cannot recruit more staff for whatever reason.

 

The boss is quite able to get an agency worker in but doesn't want to go over budget.

 

The partner rang a few chilminders and none do weekends.

[Sidewinder]

The boss may well need to cover the work himself. That's what 'bosses' are for - when there is nobody else, the buck stops with them!