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emilyna

Taking too much time off (for a good reason!)

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Recently I have to take lot's of time off as my son was excluded (informally) from school. I had a meeting with HR today and they reminded me that I can only take few days more of holidays and need 21 days notice for unpaid parental leave . What will happen if I take all my holidays, all parental leave I am allowed to take and still need to take time off because of another emergency exclusion. What can they do? What amount of time extra given to me will be considered 'reasonable adjustment'? As a reasonable adjustment should employer allow me take parental leave with less of a notice time? If I ask to take half day off and they say no because it is too short (I work only 5 hours a day normally) are they refusing to do 'reasonable adjustment'? If I get dismissed on this ground am I likely to get r enumeration? I am in this job for nearly 7 years.

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"reasonable adjustments" apply to disabled people.

 

I think you need to choose between finding alternate care for your child or work, unless there is another parent on the scene who can also help.


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My son is 7 and has a disability. Informal means that it does not count towards maximum 15 days that school is allowed exclude pupils before exclusion become permanent.

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Does it mean that I will be dismissed without any renumeration?

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Ahh ok, son's disability means you do get more leeway - sorry, was unclear from the orginal post. There is no legal definition of reasonable that you can use to add up, however - a judge would need to decide.

 

However - at some point you become basically unable to fulfil the terms of your employment contract. I suggest your employer is giving strong signals that that is the way you are currently heading.

 

Who have you tried to get help from/ is supporting you? Social worker? Medical specialist? SEN support?


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Yes he has SEN statement, support at school, social worker etc.. Things still can fell apart. None of these can help with the childcare in case of emergency.

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Sure - but an exclusion isn't a emergency after day one. The law is designed to let you have an odd day in which you are meant to sort out childcare - not weeks so you can do the childcare yourself.

 

From an employer perspetive - generally the work doesn't go away because an employee is having issues. And your request seems a little vague and indefinite about when you will be back firing on all cylinders.

 

What can you do to reassure them and show you are trying to get back to work?


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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You say he is disabled, is this official, is he registered as disabled ?

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Yes he is receiving level 2 DLA.

My request is to explore worst case scenario, this is is where the vague comes from. It does not mean that I am not doing what I am supposed to do in terms of arranging childcare and getting more clarity from school.

My question was about what the critical amount can be and if I can count on any renumeration iin case of dismissal and what the official ground for the dismissal will be.

Thank you all!

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Hi, I am afraid there is no set amount of time off that is reasonable - it varies by case.

 

Your employer would have to pay any holidays due, and you would be due notice - but expected to work it.

 

So any cash would be a goodwill gesture, in reality.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Thank you, this is the response I was looking for!

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Worst case scenario you can use unpaid dependent leave to cover off any last minute periods. Unfortunately the parental leave notice provisions are 21 days, even if the child is dosabled.

 

You aren't entitled to "reasonable adjustments" because of a child with a disability; reasonable adjustments only apply if you are personally disabled. However, associative discrimination applies if you are treated less favourably because of your association with your disabled son. If the current situation is temporary, I think they'd be on a sticky wicket if they dismissed you. If the situation isn't likely to get any better, you could be in a more difficult position.

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