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A single mother has won a case giving parents the right to take 'time off' in an emergency. The Maternity Alliance looks at the knock-on effect of this ruling 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
Can I get paid time off?
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.
Who counts as a dependant?
A dependant includes a husband, wife, child or parent and may also include someone who lives in your household, such as an elderly relative. When illness or injury is involved, a dependant also includes someone who relies on you, for example if you're the only person who can help an elderly neighbour in an emergency. How much time can I take off?
On the whole, time off is limited to dealing with the emergency and, if necessary, making arrangements for longer term care. There's no maximum time laid down and what's reasonable will depend on the circumstances in each case. It doesn't, for example, entitle you to take two weeks off to look after a sick child. Do I have to give notice to take time off?
No, because this is emergency leave. But you must tell your employer why you're absent and also how long you expect to be away from work. Can I be dismissed for taking time off for dependants?
Regulation 20 of the directive allows you to claim unfair dismissal in an employment tribunal if you're dismissed or selected for redundancy for any reason connected with taking time off for dependants. You're also protected against an unreasonable refusal for time off to care for a dependant and a tribunal can award you compensation. A ruling that puts family first
Julie Percy fought her case as a matter of principle. She says, 'I felt I was doing it on behalf of all working parents, particularly mothers. Within reason, working mothers should be able to put their children first and have a reasonable amount of time off work to see to their welfare and try to make alternative arrangements.' Her case is widely regarded as a blueprint for future regulations. The prospects are looking better for working parents already.
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