Time off to look after kids?

[jessthecat]

Hi all, just after a bit of info on where do I stand in taking time off to look after my kids if they are poorly.
I have 2 children, 2 and 4, and they are both in nursery 3 days a week whilst my wife is working. If they catch colds, then my wife takes time off to look after them. Her boss is fine with giving her the time off, but has asked why can't I share the 'looking after the kids'. I asked my dom what would happen if I phoned in one morning saying one off my kids are ill, I have to stay home and look after them. His answer was ' when my kids were ill, i'd phone around the family and find someone to help me out'. My reply was, but what if I couldn't get anyone?
He said, if he said yes, you can have a day off to look after your child, then other workmates would jump on the bandwagon and start doing the same!
So I didn't get a straight answer. I have only had 4 weeks off for a knee op, and a couple of days off for eating some dodgy fish, in over my 3 years in royal mail. So, my sickness record is pretty good.
Any answers?
Cheers.

[belle]

a Employment Update - October 2008
CASES UPDATE

Unexpected time off for dependents is not restricted to emergencies

Contrary to the commonly held understanding, the Employment Appeal Tribunal has held, in RBS v Harrison, that entitlement to time off for unexpected arrangements for dependents under section 57A(1)(d) of the Employment Rights Act 1996 is not restricted to sudden emergencies.

Mrs Harrison was employed part-time by the Royal Bank of Scotland (RBS) as a Home Insurance Claims Advisor. On 8 December 2006, her childminder informed her that she would not be able to look after the children on 22 December. Mrs Harrison tried to find another minder for that day but, having exhausted her options, she informed RBS on 12 December that regrettably she would not be able to work on 22 December. RBS did not tell her at this stage that this was not acceptable.

On 20 December, RBS told Mrs Harrison that she would not be allowed to have the day off, but as Mrs Harrison had no option, the following evening she told her manager that she would not be in on 22 December. On 2 February 2007, Mrs Harrison was given a 6 month verbal warning for this unauthorised absence.

Section 57A(1)(d) of the Employment Rights Act 1996 (ERA 1996), introduced by the Employment Relations Act 1999, provides that an employee is entitled to a reasonable amount of time off because of the unexpected disruption of arrangements for the care of a dependent, as long as he tells his employer as soon as reasonably practicable. The time limit for bringing a claim under section 57A ERA 1996 is three months from the date the leave is refused and so Mrs Harrison was out of time.
ask him to see a copy of rm
dependancy leave policy

[brothermagrew]

Question is belle, does such a policy exist within Royal Mail?

[Lounge Lizard]

and no doubt Royal Mail will say that by making jobs part time everyone will have more time off to look after the kids.

[Geordie1]

I too have a Couple of Kids with the wife working Fulltime and she has had to take time off. But it got to a time when I would have to take my turn because one of my kids had chicken pox and was off nursery for the week. As long as you have not got a bad sickness record the best thing to do is to phone work and just to say your not well and stuff them.

Your family comes first.

[belle]

Question is belle, does such a policy exist within Royal Mail?

They do have a dependancy leave policy but reasonable ammount of is for the dom to decided. So another tribrunal case as doms dont understand the need to look after your children.

[brothermagrew]

Question is belle, does such a policy exist within Royal Mail?

They do have a dependancy leave policy but reasonable ammount of is for the dom to decided. So another tribrunal case as doms dont understand the need to look after your children.

Came across this belle via CWU website:

TIME OFF FOR DEPENDANTS

QUESTIONS AND ANSWERS
Under what circumstances can an employee take time off?
This right enables employees to deal with an unexpected or sudden problem and make any necessary
longer term arrangements:
• If a dependant falls ill or has been involved in an accident or assaulted, including where the victim
is hurt or distressed rather than injured physically
• when a partner is having a baby
• to make longer term care arrangements for a dependant who is ill or injured
• to deal with the death of a dependant; for example, to make funeral arrangements or to attend
a funeral
• to deal with an unexpected disruption or breakdown in care arrangements for a dependant;
for example, when the childminder or nurse fails to turn up
• to deal with an incident involving the employee’s child during school hours; for example, if the child
has been involved in a fight or is being suspended from school
Who counts as a dependant?
A dependant is the partner, child or parent of the employee or someone who lives with the employee
as part of their family. For example, this could be an elderly aunt or grandparent who lives in the household.
It does not include tenants or boarders living in the family home or someone who lives in the
household as an employee, for example, a live-in housekeeper.
In cases of illness, injury or where care arrangements break down; a dependant may also be someone
who reasonably relies on the employee for assistance. This may be where the employee is the primary
carer or is the only person who can help in an emergency.
How much time off must be allowed?
There is not a set limit to the amount of time off which can be taken. In most cases, the amount of leave
will be one or two days at the most but this will depend on individual circumstances although an employee
may be able to take a longer period of leave under other arrangements with the employer. For
example, if a child falls ill, the leave should be enough to help the employee cope with the crisis – to
deal with the immediate care of the child, visiting the doctor if necessary and to make longer term care
arrangements. It does not mean that the employee may take two weeks leave to look after a sick child.

Must time off be with pay?
The right does not include a statutory right to pay, so whether or not the employee will be paid is left to
the employer’s discretion or to the contract of employment between them.
How much notice do employees need to give to their employers?
Employees need to tell their employers as soon as possible about their absence, the reason for it and
how long they expect to be away from work. There may be times when an employee returns to work
before it was possible to contact his or her employer but he or she should still tell his or her employer
the reason for the absence on return to work.
What if an employer unreasonably refuses time off?
Employees who think that they have been unreasonably refused time off or victimised for taking it, may
make a complaint to an Employment Tribunal against their employer. Complaints must normally be
made within three months of the date when the time off was refused or the victimisation took place.
The Tribunal may require the employer to pay the employee compensation if it finds in his or her favour.
What happens if the employee needs longer time off or knows in advance that the
problem is going to arise?
If employees know in advance that they are going to need time off, they may be able to arrange with
their employer to take this time as part of their annual leave entitlement or if the reason they need leave
relates to their child, they may be entitled to take parental leave.
The case of Royal Bank of Scotland Plc vs Harrison EAT/0093/08, gives detailed information on the
length of time you are required to know in advance that a problem is going to arise.

Linda Roy
National Equality Officer
email: lroy@cwu.org
Tel: 0208 971 7238
July 2009

[graffi]

i may not be 100% on this but you are aloud 15 weeks unpaid leave up to the the age of 5 years old ,check it out !!

[Cknmonster]

I had to take a saturday off a couple of weeks ago after my wife was taken ill in the night. I phoned my line manager and told them at 5am that I would not be in. I was told that my lack of commitment was a disgrace and I should seriously think about finding another job. I managed to get some child care for my two yougest kids on the monday morning after my eldest went to school and so went into work and started at 9:30. I was bungled into the doms office as soon as I got there and told that I would have the saturday absence added to my record and may well be coded for it and they were going to charge me with persistant lake attendance for my 9:30 start and I would probably be coded for that. I have tried to reason with them over this but they just dont want to know. What exactly should I do next?

[woofwoof]

http://www.royalmailchat.co.uk/communit ... 36&t=17734" onclick="window.open(this.href);return false;

try that

[bogstandard]

the problem of p*ss takers rears its ugly head again. you either need the time off or you don't FFS. you will either take it or you wont. at a time like this you let the business know whats going on and keep them updated daily, or more frequently if possible. deal with the rest when your children are better.
Again i am unfortunately left with the impression that some want to be assured they will be paid and this is the overriding concern.