Unpaid leave for a dependant

bella2121

Just a bit of advice please my daughter was unwell the other night resulting in me and her dad taking her to the out of hours doctor it was obviously a long night and we were exhausted so my partner rang work to say he wouldn't be in and would take unpaid leave and explained the situation. His work are now asking for proof my daughter is ill, they want a letter from the doctor.

From what I gather you don't have to prove anything as its your right to take emergency time off for a dependant? I'm not prepared to even attempt to get any proof for them as I just think they have a vendetta against him any thoughts would be appreciated

BrassicWoman

It wasn't emergency leave, because the child had another carer present (you). It was entirely choice!

Mojisola

bella2121 wrote: »

From what I gather you don't have to prove anything as its your right to take emergency time off for a dependant? I'm not prepared to even attempt to get any proof for them as I just think they have a vendetta against him any thoughts would be appreciated

If they have a vendetta against him, why give them a reason to discipline/sack him?

Anyway, shouldn't it be a decision your OH makes - it's his job and his life?

pathtofreedom

I don't have kids so haven't been in this situation but do you have an employee handbook, or HR website with the rules on for what qualifies for the leave? I would expect a special form or webpage to tell you what you need to provide - if anything.

How long has he worked there? As until you've worked somewhere for 2 years your work can dismiss you for any reason apart from protected ones like disability so if he's been there less that 2 years you might want to be careful once this is sorted out to not do it again till after that.

bella2121

Dear me I was only asking if anyone knew legally as from what I have read in the gov website it was saying you don't have to provide anything in writing, my argument is if you as an employee was to call in sick the doctor wouldn't have give you 'proof' you were ill for 7 days so why should 'we' justify our child is ill

I thought this was a friendly site maybe I was wrong

TELLIT01

If this is the first time your husband has had short notice, unplanned absence from work, the employer reaction does seem to be a bit extreme.
Even if it is "your right to take emergency time off for a dependant", is it unreasonable for the employer to request evidence to support your husband's claim as to the reason? Anybody could claim that is the reason for absence when the real reason is something else.
In general people claiming it's their right to do X,Y or Z makes me nervous.

Edited to add:- Surprising, to me anyway, I've just come across this https://www.gov.uk/time-off-for-dependants/taking-time-off so it seems that anybody can claim an emergency and there is little the employer can do about it.

bella2121

All I'm saying is there are laws in place to protect working parents I thought this site was about knowing your rights??? I'll not ask again in future

tomtontom

You've been told your rights - you don't seem to like them.

Emergency leave covers time off to make arrangements for your dependent to be cared for. It doesn't cover both parents to be off, nor does it cover time off to catch up on sleep after the event.

pmlindyloo

blondebubbles wrote: »

I'd you don't want to provide the proof then why not show them the gov site that confirms that no proof is required?

That said, some employers do write it into the employee handbook what you need for time off for eg my employer asks for an appointment card for doctors/hospital or dentist even if the time off is unpaid.

Are you able to check this?

Your partner needs to look at his contract to see what it says about take unpaid leave for emergencies involving a dependent. Is there a clause that says if evidence is provided then the employee can be paid - perhaps with a stipulation of this only occurring so many times?

Look on the bright side. It is possible that if he provides proof then he might be paid!

If there is no stipulation then this is a basic parental right.

Best to keep things sweet if possible.

bella2121

blondebubbles wrote: »

I'd you don't want to provide the proof then why not show them the gov site that confirms that no proof is required?

That said, some employers do write it into the employee handbook what you need for time off for eg my employer asks for an appointment card for doctors/hospital or dentist even if the time off is unpaid.

Are you able to check this?

Thanks I'll tell him to do this, I only posted for a bit of reassurance to what I know is correct I don't think if a person has been up all night with a sick child it is safe for them to go to work with heavy machinery it's dangerous I just think it's out of order if you rang in sick you don't need 'proof' so don't see why it needs to be justified when it's a one off fair enough if you were having time off weekly for appointments from an employee who has worked so hard for a company but at the end of the day family comes first

Valli

On a side note, if your husband does feel that he may, now or in the future, be 'victimised' by his employers it might be a good time for him to consider taking out union membership, assuming, of course, that he isn't currently a union member.

If he IS a union member then they should be advising him as to his rights and responsibilities re unpaid leave.