Unpaid leave - can I be sacked if I go?

seasnake100

I work in a school as a dinner lady. A month ago I asked for 2 days (actual time I will be absent amounts to 2 and a half hours) off this June as it is my husbands 50th birthday and I wanted to take him to Paris.

I spoke to some of the other ladies who don't work on those days and asked them if they were prepared to cover me and both said yes. I then asked the head for the days off telling her that others were happy to cover me and I understand that I would be unpaid.

She said it wasn't up to her and she would put it to the chair of governors. A month later she gave me a letter saying that "requests are judged on personal circumstances at the time and that this time will not be granted".

I appreciate that with this job I get paid during the school hols but this is only because the money that we get paid is paid pro rata spread through out the year.

This time last year I did have a week off unpaid that was approved and I think that the head has decided to make an example of me this time.

What I am asking for is 2 and a half hours unpaid leave, which as I had arranged cover means that there would be no detriment to the school with me not being there. The previous head had allowed us to take time off each year as she said she appreciated that it was a hard and low paid job and a pain as it was every day for an hour and a quarter in the middle of the day.

I don't know what to do now, for all it's hassles I like working with the kids and don't really want to leave but I am going away for that weekend and have told the head such. Can I be sacked now because of this or can I tell them I will work up until the holiday? What would happen if I just went and turned back up after the hol or should I hand in my notice now? I don' want to be sacked as my child goes to this school.

I feel that they are being picky, not giving me a sufficient reason why I can't have time off unpaid and i've given plenty of notice. It makes it all the worse as the head has found it difficult to replace people (hardly surprising) and at times I and 2 others have been doing the work of 6 people without so much as a thank you. We are now in a position that we are better off with staff and my colleagues are supportive of me taking this time.

Is there anything I can do? Can I appeal? Like I say the last thing I want to do is be sacked for this.

Sambucus_Nigra

Well, do you feel that you have anything to lose if you do kick up a fuss?

HappyMJ

I would hand my notice in a week before so your last day is the last working day before this day you want off and re-apply for the position on your return. What does it pay? Minimum wages? It's not as if you make a huge amount from it. I doubt they will go through the process of advertising for the position knowing that you could start the next week anyway and are a good employee. Whatever you do don't just take the day off.

vax2002

Appeal the heads decision to the chair of the school governors.

Nicki

vax2002 wrote: »

Appeal the heads decision to the chair of the school governors.

Chair of governors has already refused it.

OP I am Chair of Governors at a school and this issue comes up from time to time. The rule is that holiday cannot be taken in term time unless exceptional circumstances, and if I had a request like this, where the employee had had holiday leave the previous year, I'd have refused it as well.

But if the employee had taken the time anyway, there would be a disciplinary consequence on their return to work, but it would be misconduct not gross misconduct, so no dismissal would be on the cards. The sanction would be somewhere between a verbal warning to a first written warning.

Emmzi

the short answer is yes, you can be sacked.

vax2002

To be honest if that is the position, I would tell them to stick it right up their *****

Keriss

I don't know if you work every day or would it be possible to arrange a swap, with though ladies who are not in on those days. You could cover their days in return, and then there would be no need for unpaid leave?

I worked in a school for many years and we too didn't grant leave to term-time staff except in exceptional circumstances. It sounds mean, but people began to take of advantage of it, and expect time off regularly, so we had to become much stricter.

LittleVoice

Keriss wrote: »

I don't know if you work every day or would it be possible to arrange a swap, with though ladies who are not in on those days. You could cover their days in return, and then there would be no need for unpaid leave?

I worked in a school for many years and we too didn't grant leave to term-time staff except in exceptional circumstances. It sounds mean, but people began to take of advantage of it, and expect time off regularly, so we had to become much stricter.

The OP has said that they had been able to get agreement from others doing the same work (but not the same days) to cover the time the OP wanted to take off.

I'm surprised that the request went to the Chair of Governors as a first decision-maker - unless there is a policy that says as much. Perhaps the immediate line manager wanted to say "no" and wanted to get the backing of the Chair at the outset and perhaps hide behind that to not appear so hard themselves. The request may have been passed to the Chair with the recommendation that it not be granted.

littleboo

I was a school governor and while the absence of teaching staff term time was only allowed in exceptional circumstances for obvious reasons, lunch time staff should be a different matter, not least because they can be difficult to replace. A degree of flexibility is often the most pragmatic approach particularly of the school ask you to cover sick absences etc. Personally I would have expected the head to make the decision without recourse to the chair of the governors, he/she is responsible to day to day staffing matters. As long as there was no additional cost to the school and cover was available from existing staff, I can't see the problem.
Arranging cover before you ask permission could be seen as manipulating the situation, personally, I would have asked for the heads agreement in principle and then with their agreement arranged the cover.

Sammyj0e

OP, sorry but if you're term time only couldn't you have booked the trip in one of your 13 weeks off?
I think it's unreasonabe to expect extra time off when you already have very generous holidays, but only my opinion.
Or perhaps asked for the time off before going ahead and booking the holiday?


I think if you have an unauthorised absence then they could give you a verbal or written warning.

It's not the first time you've asked, maybe they don't want to make a habbit of allowing extra holidays/days off

"This time last year I did have a week off unpaid that was approved and I think that the head has decided to make an example of me this time"