Nockolds Resources

Time off work to care for dependents.

If an employer refuses a holiday request and the employee takes time off without permission then disciplinary action can be taken against the employee. If the employee takes sick leave having had the holiday request denied then the employer may require a medical certificate to be provided to confirm that the employee was genuinely sick.


However all is not entirely lost as employees who are parents with children have the right to take a ‘reasonable amount’ of time off during their working hours in order to take ‘action which is necessary’ because of the ‘unexpected disruption……of arrangements for the care of a dependent’. In these circumstances the employer can only refuse 

1) where it is not necessary for the employee to take time off and

2) where the amount of time off work requested by the employee is unreasonable.


When considering the issue of whether or not ‘it is necessary to take the time off’ an Employment Tribunal would consider the nature of the request, ie school closure, the relationship between the employee and the child that is to be cared for and the extent to which anyone else can provide assistance, for example another relative or friend.


Another consideration for the Employment Tribunal is whether or not knowing a school is to be closed in a week’s time would be classed as ‘unexpected or sudden’. In a recent case a mother was given 2 weeks’ notice of the unavailability of her child-minder. Unable to find alternative arrangements she stayed off work and was subsequently disciplined by her employer. The Employment Appeal Tribunal found in her favour confirming that her circumstances were sufficiently ‘unexpected’.


Each case should be treated individually and whether or not a particular employee would be protected by Employment Legislation is dependent on the specific circumstances. If you would like any further advice on this or any employment issue contact Bev Moseley on b.moseley@nockolds.co.uk or 01279 712501

 

Bev Moseley (profile) Bev Moseley Monday 28th November 2011
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