Caring for Dependants and time off - General - HR in Schools and Academies

17 Caring for Dependants and time off

3 Apr, 2019 09:18

Looking for some advice please:)

We pay our staff 5 days per annum for emergency care for dependants.

There is a question now where some of the employees are reaching their 5 days and concerned about unpaid days once they have reached their policy entitlement.

Some of our roles are able to be carried out at home and others (teachers) are not and the employees who are able to work from home have asked if they would be able to work from home (paid) if the need arises to care for their dependants.

My feeling is that this would be unfair to the employees who are unable to work from home as their care leave would be unpaid and their colleagues who can work from home would be paid. Also would home working be productive whilst caring for a dependant?

What should I advise the HT.

Thoughts appreciated

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Steve Bridger | 0 Posts

Community Manager

3 Apr, 2019 12:10

Hi Sharon - I'm struggling to think of a non-teaching role at school that doesn't require quite considerable interaction with other staff, students and parents, etc. - other than perhaps a finance role.
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Sharon | 0 Posts

3 Apr, 2019 13:07

In reply to Steve Bridger:
Hi Steve, we have quite a few admin roles, e.g. admissions assistants who although interact with parents, they can do this over the phone and their work involves using data and liaising with the LA. and employees have access to laptops etc. so there is potential for home working. Then there is HR of course, who can work from the moon if required:)
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Steve Bridger | 0 Posts

Community Manager

3 Apr, 2019 13:46

In reply to Sharon :

Sharon said:
Then there is HR of course, who can work from the moon if required

Can I quote you on that?

What kind of school are you (so to speak)?
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Kevin Elvidge | 0 Posts

3 Apr, 2019 14:31

If you decided to allow non teaching staff to work from home for say another 5 days per year, would that balance out with the fact that teaching staff ( presumably ) have longer holidays than non teaching staff. And couldn't it be argued that teaching staff work from home during the long school holidays, marking exams or preparing for syllabus changes for the next year ?? Sounds to me as though you could possibly come at this challenge arguing "swings and roundabouts"
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Steve Bridger | 0 Posts

Community Manager

3 Apr, 2019 15:43

In reply to Kevin Elvidge:
Good point, Kevin... although I can see some people seeing the extra 5 days as a 'target'. But it's a 'leaning in' approach.
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Sharon Lesley | 0 Posts

3 Apr, 2019 15:55

Sharon
I am going to ask a question, if these are days for emergency time off for dependants, how will they balance working from home and caring for the dependants?

I understand that children may be largely able to keep themselves amused and age will make a difference, but the leave is emergency so could be a multitude of issues and not just simply child care reasons.

Sorry if I am being simplistic and naive, I don't have children and when I am with nieces or nephews I would find it hard to concentrate, so trying to work with them would be a nightmare for me.

Sharon
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Kevin Elvidge | 0 Posts

3 Apr, 2019 16:17

In reply to Sharon Lesley:
I think its up to the employee to put the case to the HT for making suitable arrangements for working from home and then it's up to the HT to decide whether the proposal is viable and how to monitor whether the work is getting done. To give you a practical example if the person being cared for required 100% attention between 9am and 5pm and the employee normally does a 7.5 hour shift each day, it is possible for a short period of time to work 5.30 am until 9.00 am and from 5.00 pm until 9.00 ( presuming partner or friend available for evening cover) and still get a good sleep!
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Nina Waters | 0 Posts

3 Apr, 2019 17:05

I think your entitlement is generous to start with, which is great. Beyond that, it seems right to me that the presumption should be unpaid (or using holiday for those who can), unless they can demonstrate that they can make up the time effectively. In terms of working from home to care for a dependent, it really has to be done on a case by case basis. Someone being present in the house 'just in case' for a teenager who is very unwell but able to see to their own needs is a very different case to dealing with a much younger child (or much older adult) who might need more regular care and engagement.

The issue around term time working (for teachers or support staff) is that there is usually no flexibility to use annual leave for such occasions - so it's either unpaid or effectively additional paid leave. Parity is definitely challenging, I agree!

Do you have many people who might need more than 5 days? I wonder if there are other circumstances that might differentiate the way you would deal with them if so (ie if there are considerations around the person they are caring for which might allow the school to be more flexible).
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Sharon | 0 Posts

3 Apr, 2019 21:42

In reply to Sharon Lesley:
Thanks Sharon, I was thinking along these lines to challenge back as to how anyone working from home could do so with the added responsibility of caring for a sick dependant. Pleased that you have raised this point.
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Sharon | 0 Posts

3 Apr, 2019 21:49

In reply to Nina Waters:
I guess my concern is that if we allow support staff to work from home to care for a sick dependant which is paid, would this be deemed as unfair as Teachers are not able to work from home. Therefore, when a teacher has used up their 5 days paid entitlement to care for a sick dependant, any further absence of this nature will be unpaid. Thank you all for your input so far.
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Nina Waters | 0 Posts

4 Apr, 2019 10:25

In reply to Sharon :
I think this just has to come down to the fact that the roles are different. Not allowing anyone flexibility because one group doesn't get it isn't really helpful overall. Certainly in our school, support staff contracts are different to teaching ones and there are pluses and minuses to each. I suppose the additional flexibility that some support roles might be able to use in this situation is one advantage of their contract (but set against the different holidays, pension, pay scales etc). I think you're being very fair with the approach you're taking.
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David | 0 Posts

4 Apr, 2019 11:24

In reply to Nina Waters:
As has been well said, the job roles are very different.. And in any event ‘being unfair’ is sometimes the only reasonable thing to do and not necessarily wrong or reprehensible and certainly not unlawful unless for example it's because of any ‘protected characteristic’.

Being a good employer / upholding equality of opportunity doesn’t involve any obligation to treat everyone the same.........
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Andrea Jennings | 0 Posts

9 Jul, 2019 11:22

In reply to Steve Bridger:
As an HR Manager I can work from home quite easily now and again. Emails/phones can be used to communicate. Depends how reactive your school is and what systems in place I guess. As for the original question it's a hard one as if my children are ever sick (not very often thankfully) I always work at home. I think it is best to just say anything over 5 days is unpaid and that staff aren't expected to work at home in that case. I do find it's not often people take more than the 5 days
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Steve Bridger | 0 Posts

Community Manager

9 Jul, 2019 11:58

In reply to Andrea Jennings:
Yes, I guess I was thunking about state primary schools. I can imagine that larger MATs and secondary schools would have more non-teaching roles.
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Sasha | 0 Posts

9 Jul, 2019 22:57

I’d stick to the 5 paid days as per your policy. You will open up a can of worms otherwise
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