Your right to time off and flexible working
Juggling work and family responsibilities
can be hard, for many people flexible working can make all the
difference so here are some tips to help you get some balance
between work and life.
Flexible working
If you have been employed for 26 weeks and
have a child under six you are eligible to apply for flexible
working. To apply you need to make a written request to your boss .
You can either do this by completing the FW (A): Flexible Working
Application Form1 or by letter. Your application
should be written and should include the following:
A statement that you are
making this application under your statutory right to request a
flexible working pattern
That you have
responsibility for the upbringing of a child
An explanation as to
what effect, if any, the proposed change will have on the business
and how this can be dealt with
Your flexible working
pattern
The date on which you
expect to start working to the pattern (Nte: this can take up to 14
weeks)
Whether you have made a
previous application and if so when
The date of your
letter
Then your boss will have to arrange to meet
with you within 28 days. At that meeting you can be accompanied by
a fellow worker or union rep. You are more likely to succeed in
your request if you have help from a union rep throughout.
Your boss has 14 days to inform you of their
decision; setting out your new working pattern and your start date
if they are agreeing, or telling you of your right to appeal if
not. You should be told the final outcome within two weeks of the
appeal.
If refused you might have rights under the
law of indirect sex discrimination too.
Parental leave
Parental leave allows you to take off up to
13 weeks unpaid leave to look after or make arrangements for your
child's welfare (18 weeks for a disabled child2). To be
eligible for this time off you have to have one year's continuous
service and parental responsibility for a child born or adopted on
or after 15 December 1999 (or 1981 if disabled).
This leave can be taken at any time up until
the child's fifth birthday, unless your child is disabled, when the
right extends to 18 years. There are also provisions for
adoptive children.
If your employer will not have a parental
leave scheme in place then the Government's Fallback
Scheme3 comes in to play, although your union might be
able to negotiate better terms. The Scheme provides that leave can
be taken in blocks of one week. You need to apply at least 21 days
in advance. You can only take a maximum of four weeks per year
per child and your employer can postpone your request for leave for
up to six months except for leave taken immediately after the
birth of a child or adoption.
Time off for dependents
Everyone is entitled to time off to deal with
an emergency involving a dependant4. This can cover
infirm relatives and friends as well as family members. You can
take time off to deal with a dependant who:
Falls ill or is injured
or assaulted
Is having a baby
Is ill or injured and
needs longer term care arrangements to be made
Has died
Is unexpectedly without
a carer or has suffered a breakdown in their care
arrangements
Is a child and has been
involved in a serious incident during school hours
You are entitled to time off as is necessary
to deal with the emergency or to make longer term care arrangements
(usually only one or two days). You must tell your employer as soon
as possible about your absence. Sadly there is no statutory right
to paid leave, although check your contract in case it allows for
pay. The law protects you from being penalised, dismissed or from
suffering any other detriment from your employer if you take this
leave.
If your employer does not comply with any of
your rights above you could take an employment tribunal
claim. You need to use internal grievance and appeal
procedures first. Assume that you have three months from the
date of act that you are complaining about in which to file your ET
claim.
