Is my colleague entitled to her bonus?

im a newly appointed shop steward and need some help with this.
our employer introduced a bonus scheme that said if you were not late or absent for 3months we would get a bonus the exceptions being authorised absence and holidays, my friend has an 18 month old baby and was off for two days because the baby was ill and the childminder would not have her when she was poorly. she did not get her bonus and i think she should have because you are legally allowed time off when your child is under 6 therefore it should be classed as authorised time off. am i right? and could someone provide me with something to print out to show the management to back up her case?
Additional Details
in the original agreement it also stated that it was at line managers discretion and her manager thought it was ok

photog

No she is not.
Authorised time of is time off that is pre-planned/authorised.
Taking time off because your child-minder didn't turn up or wouldn't look after her and calling in on that day is not classed as authorised (even though she may have called in on the day).

Just because you may be legally allowed time off does not mean that you can just take it as and when you want.

A N Mouse

Workplaces bonus schemes are at the management's discretion and so your friend's time off may well not be authorised. Ask your union or ACAS

The link below might help you argue the case - good luckhttp://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Parentalleaveandflexibleworking/DG_10029416

SmartA$$

The exceptions clearly state that pre-approved absences such as vacation days do not count against you. I'm sure that your friend did not get pre-approval for her child to be sick.

Its important to understand that there is a difference between "acceptable" and "pre-approved." Her absence was acceptable, but not pre-approved. The bonus policy only makes exceptions for pre-approved absences, not all acceptable absences.

While you are correct that she has the legal right to the time off, that doesn't mean she cannot be denied her bonus. The bonus is intended to be a reward for people who find a way to make it to work no matter what happens.

Think about it from the company perspective: It doesn't matter why she wasn't there, the bottom line is she was not present to perform her job for those days, so the company had to work around that inconvenience.

No, your friend is not entitled to her bonus unless the bonus policy specifically states that absences due to the illness of a child are an exception. There's nothing illegal about that. It would only be illegal if they fired her for having missed those days, which they did not do.

The bonus 'scheme' was an idea of the employer and therefore can deem what he/she feels to be 'authorized' absence/tardiness. It actually should be stipulated what is considered authorized (death in the family, previous permission for a specific day, etc). You need to ask the employer. As a shopsteward, you are looking for law for support when this is as you say, a scheme. Fight over this, and the bouses for everyone will end.

eriverpipe

She is indeed entitled to time off, stautorily and will qualify for the appropriate state assisted time off. But I am also certain that management for the purposes of a bonus scheme (which is not a mandatory thing) can put whatever definition they like to what constitutes 'authorised absence'. If they reckon that failing to pre- agree time off for child care (even if it is legally entitled time off) does not constitute 'authorised absence' for the purposes of the bonus scheme then that will, I'm afraid, be entirely their call.

Margaret S

If this was not covered in the introduced bonus scheme then she has not earned the bonus.

focus

Although it seems unfair I am sure she is not entitled to the bonus.

pirate_princess

I agree, if she called in to say she couldn't make it and the HR department agreed, then she has done nothing wrong. The terms and conditions which support this policy should clearly state the exceptions.

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