Title: Parents of disabled children and annual leave
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(Date Posted:14/08/2011 3:49 AM)
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if you work full-time, you're entitled to 28 days (pro-rata if you don't work full-time) annual holiday. Legislation came in in April which states that as a parent of a disabled child, you can take extra holiday to look after your child.
"The law says that parents who qualify must be allowed at least 13 weeks unpaid leave for each child. If the child is disabled, it is 18 weeks. "

"parents of disabled children born on or after 15th December 1994 can take leave up until the child’s 18th birthday."


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Peggythepirate
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RE:Parents of disabled children and annual leave
(Date Posted:17/08/2011 7:38 AM)

The legislation about annual leave is that your employer must give you a *minimum* of 28 days paid annual leave. This can include bank (public) holidays. Pro rata for part-time workers. Many employers give more.

The legislation about parental leave is over 10 years old.

Parents of all under fives can have up to 13 weeks unpaid parental leave. That is a total of 13 weeks unpaid parental leave to take before the child is five. Your employer can insist that you take it in blocks of a week.

Parents of disabled children (who get DLA) can have a total of 18 weeks unpaid parental leave to take before the child is 18. You can take it in blocks of one day.

In both cases, your employer can insist that you give at least three weeks' notice and can limit you to four weeks a year.

The leave is per child and both parents can take it.

Some employers are more generous.

Employers can make you postpone your parental leave but can't refuse to let you have it. They rarely make parents postpone it. The hoops they have to jump through to postpone it are complex.

You cannot 'suffer detriment' (legal term) for asking for parental leave.

There's more information on ACAS website and on Direct Gov.
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devineDeb
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Re:Parents of disabled children and annual leave
(Date Posted:17/08/2011 9:36 AM)

 Just to add:  people who have caring responsibilities (for a child, elder or disabled person) are also entitled to apply for flexible working arrangements

http://www.direct.gov.uk/en/Employment/Employees/Flexibleworking/DG_10029491

Below are two useful excerpts from the direct gov site

You must:
  • be an employee, but not an agency worker or in the armed forces
  • have worked for your employer for 26 weeks' continuously before applying
  • not have made another application to work flexibly under the right during the past 12 months

You will then have the statutory right to ask if you:

  • have or expect to have parental responsibility of a child aged under 17
  • have or expect to have parental responsibility of a disabled child under 18 who receives Disability Living Allowance (DLA)
  • are the parent/guardian/special guardian/foster parent/private foster carer or as the holder of a residence order or the spouse, partner or civil partner of one of these and are applying to care for the child
  • are a carer who cares, or expects to be caring, for an adult who is a spouse, partner, civil partner or relative; or who although not related to you, lives at the same address as you

Flexible working' is a phrase that describes any working pattern adapted to suit your needs. Common types of flexible working are:
  • flexi time: choosing when to work (there's usually a core period during which you have to work)
  • annualised hours: your hours are worked out over a year (often set shifts with you deciding when to work the other hours)
  • compressed hours: working your agreed hours over fewer days
  • staggered hours: different starting, break and finishing times for employees in the same workplace
  • job sharing: sharing a job designed for one person with someone else
  • homeworking: working from home
  • part time: working less than the normal hours, perhaps by working fewer days per week

I hope that's useful

Disabled employees don't have a right to ask for flexible working as such, but you CAN ask for these kinds of flexible working arrangements as a reasonable adjustment to your disability
regards, Deb
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Re:Parents of disabled children and annual leave
(Date Posted:17/08/2011 11:14 AM)

 You can ask for flexible working; but there's no legal obligation for it to be done.
Peggythepirate
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RE:Parents of disabled children and annual leave
(Date Posted:17/08/2011 12:02 PM)

" You can ask for flexible working; but there's no legal obligation for it to be done."

You can ask.
Your request must be cosidered seriously.  (There is a stipulated procedure.)
You can only be turned down on one of the government's stipulated grounds. (Cost, insufficient work available at the time you want to work, etc)

An employer may have genuine business reasons for turning you down, if not, if you are a woman you might be able to claim 'indirect sex discrimination' because women tend to have more childcare responsibilities than men. If you are a married man you might be able to claim indirect marital discrimination in the same way. If you are a man in a workplace where women are allowed to work flexibly but men not, you might be able to claim direct sex discrimination.

An unmarried man who is turned down for flexible working might more have difficulty challenging the decision.

As Deb said, for disabled employees there is the possibility of 'reasonable adjustments' under the Equality Act.
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