What work rights parents have if their children are sent home from school?

A Harrogate employment lawyer's told us they have every right to request time off.

Author: Natalie HigginsPublished 18th Sep 2020
Last updated 18th Sep 2020

Parents in the Harrogate district are concerned they might not be able to get time off work if their children are told to self-isolate.

Pupils are now in class or year group bubbles, meaning if one person in that bubble tests positive for covid–19, the whole group must stay at home for 14 days.

This would mean a parent would need to look after their children and potentially take time off work.

Legally, parents are allowed to take reasonable time off to care for children, but this normally only last one or two days. Do they have a right to potentially take 14 days leave?

Employment Lawyer for Winston Solicitors in Harrogate, Paul Grindley, said: "Where there's an unexpected incident which involves the employee's child during school hours, the employee can request reasonable unpaid time off. They may agree different terms such as paid leave, taking it as holiday or working from home.

"When it has been used, it may only be a day or two. We're in a situation now where it could be two weeks off and it would be reasonable to ask for that.

Disruptions to schools and childcare services will have an effect on care and working arrangements. This may be an anxious time for parents, and employers may still need to plan cover at work.

If employees need emergency time off for childcare or to make new arrangements, they can use:

  • Time off to care for someone else ('time off for dependants')
  • Holiday, if their employer agrees

Employers and employees can consider these steps:

  • Talking to each other early on about time off that might be needed
  • Agreeing flexible working instead of taking longer periods of time off, for example working from home or changing working hours to allow for childcare

If any agreement is made, it's a good idea for it to be in writing.

Mr Grindley, added: "If the employer is saying that you must come into work and you say you can't, then you have a right to go to an employment tribunal. Obviously we're in unprecedented times so I can't imagine someone would say taking two weeks off is an unreasonable request."

Employees are entitled to time off work to help someone who depends on them (a 'dependant') in an unexpected event or emergency. This could apply to situations to do with coronavirus (COVID-19).

A dependant does not necessarily live with the person, for example they could be an elderly neighbour or relative who relies on the person for help.

There's no statutory right to pay for this time off, but some employers might offer pay depending on the contract or workplace policy.

The amount of time off an employee takes to look after someone must be reasonable for the situation. For example, they might take 2 days off to start with, and if more time is needed, they can book holiday.

If a dependant such as a partner, child or relative in the same household gets coronavirus symptoms, they should receive Statutory Sick Pay (SSP) as a minimum for this time.

They'll also need to follow self-isolation guidance.