Your rights if you need to take time off work for childcare due to teacher strikes

4 weeks ago admin

Thousands of schools have closed for the day as teachers in England and Wales walk out over pay.

The industrial action by the National Education Union (NEU) is taking place today with more strike dates planned throughout February and March.

The NEU says more than 150,000 members will strike and it expects 85% of schools will be either fully or partially closed today.

Many parents only found out this morning if their children would have to stay at home, leaving some people having to arrange last-minute childcare.

But what happens if you can’t go to work because you need to look after your child? We explain your rights.

Teachers, civil servants and train drivers walk out TODAY in biggest strike in a decade

Members of the National Education Union (NEU) on the picket line outside
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Image:
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Can I take the day off to look after my child?

If your child's school is shut and you're unable to make alternative childcare arrangements, you should speak to your boss as soon as possible.

You are entitled to take time off to look after your child in an emergency – this is known as "dependent leave" – but your employer does not have to pay you.

Check the terms and conditions of your contract to see what your rights to pay are.

You should keep in mind that some businesses might question whether the strikes are an emergency as the dates for the industrial action were known in advance.

If you had childcare plans in place and they've fallen through at the last minute, make sure you tell your employer – this will likely push your situation into an "emergency" category.

You should also make it clear if you only found out this morning that your child's school would be shut.

Broken teacher says she's striking as 'government have taken advantage' of hard work

A teacher on the picket line
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Image:
PA)

Chris Garner, managing director of HR and employment law firm Avensure, told Mirror Money that another option if you don't want to take the day off unpaid is to use annual leave.

He said: “It’s important that people engage with their employer and follow the correct procedures if they’re struggling to secure childcare – failing to do that could result in disciplinary action as well as loss of pay.

“School closures will increase the likelihood of absence from work – but we do need to bear in mind that the current situation is not the fault of working parents, nor is it the fault of employers.

“Whilst there is no automatic right to time off under these circumstances, a staffing disaster can be avoided with effective communication.“

Mr Garner said employers should try to be "as reasonable as possible" while staff should try to give as much notice as they can.

If someone has no annual leave left to take, authorised unpaid leave is also an option – or you could ask to work from home if you're able to do your job remotely.

Chris added: “If an employee exercises their right to time off work due to dependents and was then subject to disciplinary action, put at risk of redundancy, barred from promotion or similar detriment, the company could find itself facing legal action.“

Where are teachers on strike? Search your nearest schools on interactive map

Teacher strike dates

February 1 (England, Wales and Clackmannanshire, Aberdeen)
February 2 (Dundee, Argyll and Bute)
February 3 (South Lanarkshire, Western Isles)
February 6 (Inverclyde, Shetland)
February 14 ( Wales)
February 21 (Northern Ireland)
February 28 (Scotland and North and North West of England, Yorkshire and The Humber)
March 1 (Scotland and East of England, the East and West Midlands)
March 2 (Greater London, the South East and West of England)
March 15 and March 16 (England and Wales)