Nursery Nurse strike effect on Scottish employers

As the Scottish Nursery Nurse Strike near the end of its second week, employment law experts at Croner Consulting Scotland are warning employers to be aware of employee rights to time off for dependants.

With Unison claiming that up to 4,000 nurses are involved in the all out dispute, which is still affecting many areas of Scotland, employers across the country may be suffering as parents request time off to look after their children. Jackie Mann of Croner Consulting Scotland is advising employers to make sure they have a time off for dependents policy in place.

ìParents are entitled to time off for dependents, but the right is for emergencies only. For example, a parent may need time off to arrange emergency cover for their child after their normal childcare arrangements fall through,î says Jackie. ìHowever, this right to time off would not cover extended periods at home to look after the child in the absence of that childcare.î

Employees are entitled to a reasonable amount of time off under the time off for dependants regulations and it is intended to cover only the time required to deal with the immediate problem. This time off will vary, but in most cases this should not exceed one or two days. For the time off to be justifiable, the employeeís presence or attendance must be crucial to resolving the problem. The employer also has the right to know how long the employee intends to be off work. If this information is not known, the employer should be kept advised.

ìEmployers should not be expected to give employees extended periods of time off during the nursery nurse strike, as this was announced well in advance of the nursery nurses taking the action. However, most employers will probably take a sympathetic view in this case.î

Time off for dependants is leave which is unpaid and covers not only children. A dependant is defined as a spouse, child or parent of the employee, or someone who lives in the same house such as a partner or an elderly relative, but not tenants, lodgers and boarders.

Jackie advises employers to be fully aware of the types of situations where time off for dependants is justified. The most common situations include; where a dependant falls ill, gives birth or is injured; the death of a dependant; unexpected incidents during school hours or disruption of arrangements for the care of a dependant.

In situations where an employer is faced with several employees requesting time off for dependants, they should try to accommodate where possible. However, the employer can also consider the needs of the business and in such cases staggering the time off may be appropriate.

ìHaving a time off for dependants policy in place is important so that all employees are clear about their entitlement,î says Jackie. ìEmployers should also be aware that each employee, regardless of whether they are part time, full time, permanent or temporary, are entitled to time off for dependants.î