Leave to attend court

princessdon

Caught between devil and deep blue sea then

What about unpaid parental leave?

Would they consider this (if you get the basic from the courts)?

sarahg1969

princessdon wrote: »

Caught between devil and deep blue sea then

What about unpaid parental leave?

Would they consider this (if you get the basic from the courts)?

Well, I did wonder about unpaid emergency leave, but bearing in mind I'm giving them 3 months' notice, I'm not sure it qualifies as an emergency - lol

Hopefully, the court will confirm to me one way or the other tomorrow, and I can either book the holidays or ask again about unpaid leave, and give them the full picture.

Nicki

If any of your children are under 5, or older but in receipt of disability living allowance, you could request parental leave? That isn't for emergencies and does have to be requested in advance. You have up to 13 weeks in the first 5 years of each child's life with a maximum of 4 to be taken at a time IIRC

http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Parentalleaveandflexibleworking/DG_10029416

Savvy_Sue

I'm just wondering, are they actually being hostile, or are they giving a first (and perhaps unconsidered) response?

Personally I don't think you're being unreasonable in asking to take unpaid leave, but they may not want to set a precedent for something almost-but-not-quite like this in the future, IYSWIM.

getmore4less

sarahg1969 wrote: »

My time is worth a lot more to them than I get paid!! .

Thats why there is employment.

getmore4less

sarahg1969 wrote: »

Yes, her father and I are married and we live together. However, she wants me to be there (and I think that is her prerogative in these circumstances) and it's not as easy for him to be there as it is for me, as he's self employed, and he already does the running around with the other children every day. Besides which, it's during the school holidays and he's at home with them then (he works from home). I'd have to take a week's holiday to look after them!

I don't think, if unpaid leave is an obligation, that my employers have any authority over what my husband does and doesn't do, just for their convenience.

Aside from her preference to take you your choice to take unpaid leave over your husband is entirely for your convenience.


Also be aware that there is a cap on loss of earnings and expenses.
(might be out of date but probably close)
http://www.cps.gov.uk/legal/assets/uploads/files/Attachment%201.pdf

£67 max per day so unpaid may not be so atractive.

this might also be of interest.
http://www.cps.gov.uk/victims_witnesses/children_policy.pdf

tizerbelle

sarahg1969 wrote: »

My child has been called as a prosecution witness at Crown Court and we have received a notice to attend, which states she:

"must be accompanied by a suitable adult and that is preferably you as their parent/guardian".
The trial is set to begin on (date) and you must both attend.
You are both required to attend at 10am on the date specified above."

Does anyone know the position with regard to my obtaining unpaid leave (the court have said in correspondence they will cover my wages)?

My employers have suggested numerous alternatives to unpaid leave (which they have denied me):

1. Her father goes instead - not an option
2. A sibling accompanies her - again, not an option (and why should they??!!)
3. I take holidays - I am happy to do this if they are not obliged to let me have unpaid leave
4. I contact the court and demand that they provide us with a time slot now, to accommodate me, and make the time up - obviously not going to happen (the court will not accommodate one witness out of a dozen, for the convenience of my employers), especially if this drags on for days (I can make up a few hours, but not days).

I'm not sure if I've been summonsed as well, on the basis of the notice we've received? Or if I am entitled to unpaid leave, rather than holidays or making up the time.

I'd like to be certain of the correct position before I speak to my employers again, so does anyone have any ideas, please?

Thanks x

Quite simply there are very few reasons where employees have a statutory entitlement to take unpaid leave. This situation is not one of them. So no, they are not "obliged" to let you have unpaid leave.

If your employer doesn't want to let you take the time in lieu (to make it up later), they don't have to do that either.

Basically, your only entitlement is to ask for holiday (and don't forget they don't have to approve that either).

There's nothing to say you can't try and negotiate to get the time off in the manner you want but you have no right to get it your way and you need to be careful you don't cause a fuss about nothing and then find they won't approve a holiday request either.

duchy

It seems legally you'll need to take holiday-however I would in your shoes be wondering why the company was so inflexible in what are exceptional circumstances especially as there is really little difference to them whether you take a week as unpaid or holiday. I would feel the company didn't value me as a person and it would make me reconsider my commitment to them in the longer term. If you look after your employees -it usually pays itself back many times over in commitment and going the extra mile after all.In this case it means you are absent for a week and it costs them nothing and odds are the work will be caught up with-by you later anyway. I think your HR director is an idiot .

Courts are daunting places for kids-even without the issue of childcare for the other children it seems completely reasonable to me that the child is supported by the parent she needs -and not just whoever is available. This director appears to have scant respect for our justice system -does he know one of the defendents by any chance ?

Sambucus_Nigra

With alot of companies they insist that you use up your paid leave first, before taking unpaid. However in this instance, as you have no end date, I'd go back to the court and tell them that you have been refused unpaid leave and therefore cannot attend without a summons.

sarahg1969

Tizerbelle, my question about unpaid leave was with regard to being summonsed, not just a general right to time off without pay. I am entitled to unpaid leave in those circumstances.

I have just spoken to the witness liaison officer, and they will be summonsing both myself and my daughter to court.