Dh on unpaid leave to care for me-what employment rights has he got?

lindseykim13

Also posted on benefits board.

Backround is- I look after the kids (aged 9,7 and 2) and DH goes to work full time. We live in a council house, pay all our rent, council tax, bills and get a small amount of wtc and ctc as well as child benefit.
I have recently been very ill (8 weeks now) and i am unable and unsafe to look after the kids not only am i in constant pain i keep passing out. Doctors are running tests but so far nobody knows whats wrong with me.
We have been getting by so far with DH taking holiday from work and hoping that the docs will find and fix whats wrong with me so we can get back to some normality. It's got to the stage now through where DH has run out of holiday and this week he has had to go unpaid.
I am not only scared for my health i feel it is all my fault, if i felt safe enough to care for the kids i would love to go back to normal.

DH's employers want him to go in for a meeting about the situation so i am going to stay at my mums for a few hours. They want to discuss if he can do flexi time or part time but he sees that as impossible given the circumstances. We don't want him to lose or leave his job but i fear he won't be left with much choice if i don't get better.
I am hoping to get some advice as to what to expect from this meeting? Are they likely to sack him, do they have to allow him time off and is there a limit to it? How can we get some money coming in as athough he is still technically employed it is unpaid?

sorry for the long post hope someone can help.

heretolearn_2

A few days would be covered by this:

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10026555

there is a right for time off for dependents (and that can include spouses) BUT it is time off to deal with emergencies/make longer term arrangements and it's generally restricted to a few days.

Yes, they can dismiss him. He's not able to turn up for work, he isn't off sick, those are grounds for a dismissal as employers aren't expected to employ people who don't do any work for them. But it sounds as if they are being very helpful and trying to find a way to carry on - is he sure he can't do anything at all - is there no one else family, friends, neighbours who can help out for a few hours a week so he could work reduced times? Could he see if they'd allow him another week's unpaid leave to try and get everything arranged?

I don't know about the benefits side of things.

shop-to-drop

Sorry you have been so poorly hope they can diagnose and treat you successfully soon. It would be a tragedy if the families security is put at risk by this. Your DH needs to be really careful as his employers patience may run out although it sounds like they have been reasonable so far. Have you considered to what extent your family and friends could help you out? What others could you ask to help I'm sure they would be glad to be able to help. If between them DH could carry on working even if he had to change his hours a little this would be preferable to having to take unpaid time off. I bet everyone is worried about you and would like to be able to help but don't know how. They may not be able to make you better but they will feel better to be able to do something practical to help.

As far a benefits are concerned if your income is reduced this year youmay be entitled to more tax credits. I don't know about sickness benefits for you I'm sure someone will be along shortly who does.

Sammyj0e

as far as I'm aware if you are too ill to work and are claiming a disability benefit you may still qualify for tax credits towards childcare as your not fit enough to look after the kids alone.

This may help
www.
hmrc.gov.uk/leaflets/wtc5.pdf


Sorry still can't post links yet, copy and paste

paddedjohn

sorry to hear about your situation but your husband is at the mercy of his employers now, he has already had ample time as far as the directive goes to sort out alternative care for you and the kids even though he used his holidays up. can your parents not help out more for a while?

hethmar

Im so sorry that you have the worry of this on top of your illness.

I would suggest you look at the Benefits board on here and also ring your local Citizens Advice Bureau.

Its a bit sickening when decent hardworking, paying their way people should end up with this sort of problem.

xx