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Leave in the instance of a sick relative

Beth

| 0 Posts

29 Jan, 2018 12:19

Hello,

An employee has been unable to come to work today as she has had to accompany her father to hospital with breathing problems. Her father has recently been in hospital which her line manager is aware of. Initially the employee hoped to come in to work later in the day but has since said she won't be able to make it in. How should this leave be recorded? We don't have a specific policy on carers leave and this is not a regular occurrence for this particular employee i.e. she is not considered a carer.

I believe it is up to company policy whether she is paid for the day and we wondered whether it would be appropriate to give the employee the option of taking it as annual leave or unpaid leave.

Any thoughts would be great.

Thanks,

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  • Peter Stanway

    | 0 Posts

    29 Jan, 2018 12:37

    both are options
    What is the bigger picture?
  • Beth

    | 0 Posts

    29 Jan, 2018 13:03

    In reply to Peter Stanway:

    Hi Peter.
    Good to know both are options. Although, as I mentioned this is the first instance of this type of situation for this employee, I am aware that given the type of illnesses mentioned that it might become more regular. The employee is conscientious and I have no doubt genuine, so I do not want her to feel pressured to be at work when she feels she wants to be with her father. She initially volunteered to do some work from home but as the situation escalated I think this is less realistic, particularly until the worst is over. The line manager would like guidance and I think it would be nice if we can help the employee to feel reassured in someway.
    Thanks
    Beth
  • Leo

    | 0 Posts

    30 Jan, 2018 13:54

    In reply to Beth:

    Hi Beth,

    Longer-term, you might want to think about developing a high-level compassionate/emergency leave policy. Otherwise its going to be an ongoing discretionary call.

    Best,
    Leo
  • David

    | 0 Posts

    30 Jan, 2018 15:30

    In reply to Leo:

    Hi Beth

    Sounds as this scenario would count as part of statutory right to emergency time off to care for a dependant.

    IMHO there is no need for a policy just to reiterate a statutory right, but there is no statutory right to paid time off in these circumstances: it's up to each employer to decide whether or not to pay. Some don't and some do and many set a limit on the number of occasions they're prepared to pay, eg in a rolling 12 months. Domestic emergencies and personal upsets don't count towards this statutory right, but many employers are prepared to treat them the same, at least on a discretionary basis.
  • Robey

    | 0 Posts

    30 Jan, 2018 15:33

    In similar situations, I typically record such absence as unpaid leave until the employee returns to work, at which point the LM will have a conversation with the employee and it may be stay as unpaid, may become holiday or may become compassionate leave (which may still be unpaid or may be paid but is, at least, discounted from problem absence calculations).

    In one situation, we formally elected to consider an ill parent a dependent to allow the employee to use dependent's leave. Still unpaid but, again, treated differently when considered problem absence.
  • David

    | 0 Posts

    30 Jan, 2018 15:55

    In reply to Robey:

    As I understand it, Robey, parents count alongside children within the definition of dependant in this regard
  • Jolene

    | 0 Posts

    30 Jan, 2018 16:12

    In reply to David:

    True. A dependant could be a spouse, partner, child, grandchild, parent, or someone who depends on you for care.
  • Beth

    | 0 Posts

    30 Jan, 2018 17:01

    In reply to Jolene:

    Thanks all, for your insight. We will work on a discretionary basis. The line manager is happy to pay for the day on this occasion. We will have a meeting to discuss and explain our position once the employee has returned to the office. For further instances she will still have the option to take AL if she wishes.
    As a company we will also look at clarifying our leave policies.
    Thank again