Parental Leave counts as sick day? LEGAL EMPLOYMENT MATTER.?

I was off work as my daughter who was 16 months old at the time was suffering with chicken pox. She was poorly with it being so young and nursery of course wouldnt take her, my only option was to take the time off myself.

However on returning to work approximatly 1 week later I was informed by my manager it was to count as a sick absence on my record?

Is this right?

Im now at the stage where Ive just come out of hospital on Friday as I hemoraged during a menstural period and had to be placed on a drip to bring my pulse rate under 100. I still feel woozy this morning yet Im unable to call in sick as If Im off again within a 6 month time frame I am invited to a disciplinary.

I cannot take the chance to be off, as if my daughter is sick within the next 6 months (which kids often are) Im going to need to be off with her?!

So im having to work, in an unfit state for work!

Is this legal?

Expert Realtor

There are two separate issues here.

First, your daughter was sick not you, so your employer can require that you use personal/vacation time when you stayed home with your daughter.

Your employer cannot count the week as a "sick absence" AND not allow you to take sick time...you see the difference?

He doesn't get it both ways.

The time with your daughter (if you have been with your employer a year), can fall under the FMLA requirement.

When YOU were sick, you NEED a doctor's note to write you out, if you don't have one, then you need to show up tomorrow, otherwise you have no defense...get your doctor to say you are UNFIT FOR DRIVING for the days you need to miss, that actually will make it illegal for you to drive to work (and if you are dizzy, you should not) and that gives you added leverage...b/c they cannot require you to break the law.

I would also highly recommend that you find a trusted adult that can take care of your daughter during minor illnesses.

Luke Warnes

The following is a direct quote from a Government site, so it looks like it has to be sickness :-

What happens under the fallback scheme?
Under the fallback scheme the following provisions will apply:

in most cases, leave must be taken in blocks or multiples of one week;
the exception to the above is that parents of disabled children can take leave in blocks or multiples of one day;
in all cases a maximum of four weeksâ€™ parental leave in a year can be taken in respect of any individual child;
21 daysâ€™ notice must be given;
the employer can postpone the leave for up to six months where the business would be particularly disrupted if the leave were taken at the time requested;
but leave cannot be postponed when the employee gives notice to take it immediately after the time the child is born or is placed with the family for adoption.

redvelvetflames4ever

I am going to reiterate a couple of things already written, but a bit clearer. If you have been employed for a minimum of 1 year and worked 1,250 hours AND your organization has a minimum of 50 employees within the last year you would have been entitled to 12 weeks of protected leave under the Family Medical Leave Act (FMLA.) While on leave your employer can utilize whatever accumulated time to cover the leave whether it is personal days, sick days, or vacation days. They do have a right to do this and do not need your permission (regardless if you were covered under FMLA.) This applies to the United States only. The laws in the UK (if this is where you are) differ. Go to link below if you are in the U.K.

http://www.hrmguide.co.uk/hrm/steele/

Squat1

If you have been employed for over 12 months and worked 1,200 hours during this 12 months and your employer has over 50 employees you are eligible for Family Medical Leave for up to 12 weeks (480 hours).

This leave is unpaid unless your employer has a policy to pay for leave. US

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