compassionate leave to look after fianc!e

Froglet123

Hi all,

My fianc!e went in for a fairly major operation this Saturday, and we expected her to be up and about and have a fair amount of mobility within a couple of days, however she is finding it much more difficult than we thought.

She struggles to stand up and down to go to the toilet etc and has been told she must get up and walk around every 2 hours to prevent clots but this is something she needs a lot of help with

I did not book time off work as didn't think it would be required (probably a lack of judgement on my part). I called my employer today and asked for the day off and they said I can take it out of annual leave.

However, an I entitled to take today (and possibly tomorrow) off as compassionate leave or some other paid leave rather than it coming out of my holiday allowance?

Thanks in advance

Takeaway_Addict

There is no legal requirement for an employer to offer compassionate leave.

You could ask for unpaid leave or as the employer has offered take it as holiday pay.

xHannahx

https://www.gov.uk/time-off-for-dependants/your-rights

Suggests your entitled to dependency leave, but employer doesn't have to pay you although they may pay. Hubby is allowed up to 5 dependent days per year paid.

Transformers

It was a planned procedure so I think taking leave is most appropriate.

Look here for the government guide:

https://www.gov.uk/time-off-for-dependants/your-rights

No provision for compulsory paid leave.

Takeaway_Addict

xHannahx wrote: »

https://www.gov.uk/time-off-for-dependants/your-rights

Suggests your entitled to dependency leave, but employer doesn't have to pay you although they may pay. Hubby is allowed up to 5 dependent days per year paid.

Was it an emergency though? Seemed pretty planned to me...

asajj

I thought it wouldn't cover ones fiancee

skintpaul

Any at home care / physio( ?) being arranged, by social services?

Undervalued

xHannahx wrote: »

https://www.gov.uk/time-off-for-dependants/your-rights

Suggests your entitled to dependency leave, but employer doesn't have to pay you although they may pay. Hubby is allowed up to 5 dependent days per year paid.

No it doesn't!

The right is to "short" periods of unpaid leave for "emergency" situations regarding a dependant.

The normal interpretation is that the situation must have been unexpected rather that something that could be planned for and that the length of time must be the minimum (i.e time to arrange for care not time to provide the care yourself for more than a day or so).

Many employer may allow more than this but that is a contractual and not a legal right

Savvy_Sue

Even if the employer accepted this as dependency leave, because the OP didn't expect to need the time off, the expectation is that you take time to make alternative arrangements, NOT time to care yourself. So I'd say not more than a day.

xHannahx

Takeaway_Addict wrote: »

Was it an emergency though? Seemed pretty planned to me...

Undervalued wrote: »

No it doesn't!

The right is to "short" periods of unpaid leave for "emergency" situations regarding a dependant.

The normal interpretation is that the situation must have been unexpected rather that something that could be planned for and that the length of time must be the minimum (i.e time to arrange for care not time to provide the care yourself for more than a day or so).

Many employer may allow more than this but that is a contractual and not a legal right

Savvy_Sue wrote: »

Even if the employer accepted this as dependency leave, because the OP didn't expect to need the time off, the expectation is that you take time to make alternative arrangements, NOT time to care yourself. So I'd say not more than a day.

I read the OP as not expecting the need to care for their fianc!, and that they would be ok working, which has now been realised isn't the case. The overall outcome was unexpected.

Savvy_Sue

xHannahx wrote: »

I read the OP as not expecting the need to care for their fianc!, and that they would be ok working, which has now been realised isn't the case. The overall outcome was unexpected.

Yes, but the point is that the law allows for emergencies and unexpected situations. This is unexpected. I think the link you originally posted makes this clear.