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What can I do when my children are sick?

I have two children and am working part time. Of course, when either of them are sick I have to take the day off work. I'm worried that my boss is getting annoyed about it.

Time off for dependants

  • All employees, whether part-time or full time, and regardless of how long you have been in the job, have a right to take ‘reasonable’ time off work to deal with unexpected problems or illness of dependants (like a child, or elderly parents).
  • Unfortunately this ‘time off for dependants’ is unpaid, unless your employer agrees otherwise.
  • The amount of this leave you can take is limited to what might be deemed ‘reasonable’ although what is reasonable is not defined in law. In practice, the Department of Trade and Industry has said that, in most cases, one or two days should be enough.
  • To take dependant care leave, you must tell your employer as soon as possible why you need to take time off, and when you expect to be back. However, you don't need their permission and you don't have to tell them beforehand.
  • There is no limit on the number of times you can use this right.
  • If your employer unreasonably refuses to allow you to take time off, or penalises you for it, you can bring a claim against them.
  • The right to take time off to care for dependants does not apply to members of the police service, the armed forces and some employees in the fishing industry.

Parental leave

  • Another option might be to take parental leave. If your children are under five (or under 18 if they are disabled) and you have been in your job for over a year you could take unpaid Parental leave for problems that are likely to last longer than a couple of days.
  • You are allowed 13 weeks in total for each child. Parents of disabled children get 18 weeks in total.
  • Unfortunately, taking parental leave is rarely an option for dealing with non-serious sickness, because you usually have to give your employer prior notice.

These are your statutory rights, that is, rights that are guaranteed by law. Many workers will have better rights in their contract of employment. From what you say I assume that your contract does not give you any extra rights, but do check if you haven’t yet.

  • If you are a member of a union, you should also contact your union representative.
  • As we have only given a general outline of the law relating to time off for dependants and parental leave, we would always advise you to seek legal advice for help with your particular circumstances.

Annual Leave

If you cannot afford to take unpaid leave you could take annual leave (if your employer doesn’t mind the lack of notice).

Flexible working

A final option might be to consider asking your employer about flexible working. Parents of children under 6 years old who have been in their job for more than 6 months have the right to request flexible working hours. If you work in a job where you could reasonably work from home occasionally if your children were ill, or work flexitime (and make up any hours you missed when caring for a sick child) this is definitely an option worth exploring.

  • Your boss has to consider a request for flexible working seriously but does not have to agree to it if it is impractical.
  • You have to make this request in writing, and you should make as clear a case for the changes you are requesting as possible. These changes would usually be permanent unless you and your boss agree otherwise.
  • Your boss is obliged to meet with you within 28 days of receiving your request to discuss your proposals in more detail, and explore any possible alternatives. Your boss then has to write to you with an answer within a fortnight.
  • If your request is denied, your employer has to provide clear business grounds as to why, and you have a right to appeal but you must do so within 14 days.
  • Your are only entitled to make one application for flexible working each year. It is therefore best to get advice as to the content and submission of your application and your particular entitlements. Again, some employees such as members of the armed forces or agency workers, are not included by the Flexible-Working legislation.

May 2007

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