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On March 2nd 2000 Julie Percy (a single mother working for a Greater Manchester firm of surveyors) received a call at work from her eight-year-old son's school, telling her he had a temperature and a discharge from his ear and needed to see a doctor. She immediately told her boss and asked for emergency time off to look after her son. Her boss appeared 'irritated'. Five minutes later, as she was leaving the office, a colleague told her she was being sacked for being unreliable.
She appealed and in December 2000 an employment tribunal reached a unanimous decision in her favour. She received compensation for loss of earnings and became the first parent to win a case for unfair dismissal using new regulations allowing parents leave if their child falls ill.
Her case shows that European regulations can work to our advantage
Julie Percy brought her case to court because of a Brussels directive to improve maternity and paternity leave, which came into effect here in December 1999. Using the Maternity and Parental Leave Regulations, her test case highlighted an employee's right to take time off to look after a dependant in an emergency.
What is 'time off for dependants'?
These new regulations entitle all employees to time off work to deal with problems involving dependants. It applies to every employee regardless of how long they've been employed.
Time off for dependants can include:
- Providing assistance when a dependant falls ill, gives birth or is injured
- Making care arrangements for a dependant who is ill or injured
- Dealing with problems with care arrangements e.g. when a childminder is ill
- Dealing with an unexpected incident when a child is at nursery or school
There's no right to paid time off but as a matter of good practice some employers do give paid family leave. Check with your Human Resources Department to find out about your company's policy.
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