Time off work due to school closure....can they force me to take unpaid leave or hols

Paul_Davis_2

Would it be worth offering to make the time up by working an hour extra each day for the next week or so?

hex2

Hi Jo,

Was the office open or closed? If they shut it due to H&S concerns then it is a little different.

Good article here which sets out the legal position very well and is a reliable and valid source of info.

Morals aside, 'pulling a sicky' (which assumes you get sick pay in the first place) when that they know you have a child at school, and the list of closures is public knowledge exposes you at worst for a potential dismissal for gross misconduct based on the balance of belief you were not sick, and at best a break down in any trust and respect your manager and colleagues have in you. Unpaid leave for a domestic emergency at least protects you from any discplinary action.

I meant to say that there is a lot of ignorance amongst employers around if we can get away with paying people or not. I had to look it up when my clients started asking me . I would speak to your manager, explain that you cannot afford to lose the money and ask what you can do about making up the hours or something? Worth a try and you will at least get brownie points for asking.

The big problem is that you know school is likely to be closed tomorrow so technically it doesn't fall under a domestic emergency so you are not strictly speaking covered by your right to unpaid leave. If you could reasonably get in if it wasnt for needing to look after LO I would accept the offer of annual leave with good grace rather than lose the pay.

Lakeuk

Heard this on the local news, this will tell you everything, basically you're entitled to unpaid leave:-

Time Off for Dependants - A guide for employers and employees
http://www1.aston.ac.uk/EasySiteWeb/GatewayLink.aspx?alId=24892

oscar52

Trying_to_be_good wrote: »

they can make you take annual leave/holiday, but possibly not stop your pay for the day. Sorry.

From what I have read earlier this evening, unless its written in your contract that your employer can dictate when you take your holidays (as some factories for example have shut down) then they are unable to make you take holiday. However, (and again from what I read earlier) they are also unable to make unauthorised deductions from wages.

pinkshoes

Part of having children is that if they're sick or the school is closed, one of the parents will have to take UNPAID leave and look after them, or use up a day of your holiday.

Unless your employee is kind enough to pay you, then you should take a day of holiday or ask for it unpaid.

Only about 25% of the workforce made it in to my place of employment, including me, and I drove 20 miles in snow to get there. Oddly, those of us there were those without kids, and if they even think about paying those who didn't come in (or making them take a day of their holiday entitlement), then all hell will break loose!

jdturk

oscar52 wrote: »

From what I have read earlier this evening, unless its written in your contract that your employer can dictate when you take your holidays (as some factories for example have shut down) then they are unable to make you take holiday. However, (and again from what I read earlier) they are also unable to make unauthorised deductions from wages.

A deduction is on the presumption the work has been done, its a grey area but employers would argue its not a deduction as the employee has not met their part of the contract by doing the hours required to earn the pay

axomoxia

jdturk wrote: »

A deduction is on the presumption the work has been done, its a grey area but employers would argue its not a deduction as the employee has not met their part of the contract by doing the hours required to earn the pay

But in this case the employer has _prevented_ them from fulfilling thier contract. You could argue that the employer is therefore responsible for subsequent losses, the loss being the days wages

jdturk

axomoxia wrote: »

But in this case the employer has _prevented_ them from fulfilling thier contract. You could argue that the employer is therefore responsible for subsequent losses, the loss being the days wages

Ah now if the employer prevented someone from getting to work then absolutely the company should pay the employee but if its not the employers fault that the person cannot get into work then they should not have to pay (unless its maternity pay etc)

axomoxia

Ahh, I must be getting confused with another thread - my understanding was that the OP worked at the school, and was sent home....

Carmen_Queasy

pigpen wrote: »

get a sick note for yourself... you can self-certificate for 3 days..

OP still might not get paid, afaik employers don't legally have to pay at least the first 3 days(?), plus it looks worse on your record than a more "checkable" school snow day.