The start of January usually means the start of a new term in schools. However, the continued escalation of the coronavirus pandemic has resulted in a number of changes to the expected return of pupils to schools across the UK, a situation that is constantly changing. From Tuesday 5th January the government have enforced a new national lockdown and have closed schools for all children with the exception of vulnerable children and children of critical workers. Nurseries can remain open to all children.
In England all primary and secondary schools, along with colleges, must now stay closed until 15th February.
In Scotland schools are open for children of key workers, however they are to remain closed across the country, including on the islands, until at least 1st February.
In Wales schools are also currently open for children of key workers, with a phased return expected from 11th January. All pupils are expected on 18th January.
Many of you may be wondering what this means for you as an employer?
Where a parent is not self-isolating but are faced with unforeseen childcaring issues, they are legally entitled to unpaid time off for dependants. The employment right to this time off is intended to be for unforeseen emergencies only, of which the coronavirus will likely fall under. The law stipulates that time off for dependants can be taken specifically where a dependant has either fallen ill, is injured, or is assaulted.
Other circumstances in which this time can be taken include where arrangements for the provision of care of a dependant need to be made, where normal arrangements have been disrupted. This would include the unexpected closure of an employee’s child’s school. Currently, there is no qualifying service period required to entitle an employee to take time off work of this nature so employees who have just started a new role can still take this time off.
If parents are to take time off for dependants, they should be aware that, aside from the fact that it is unpaid, they are required to inform their employer as soon as reasonably practicable about the absence, the reason for it and the anticipated length. Organisations should not reasonably refuse this time off. Employees have a right to take a ‘reasonable’ amount of time off, which is generally taken to be up to 2 days per instance. This is because the point of the time off is to make other arrangements for childcare, rather than time off actually to look after the child. However, employers may want to consider the coronavirus situation when establishing principles around a ‘reasonable’ amount of time.
Where it is clear that a longer period of time off may be needed, organisations may find it beneficial to open up communication with employees about how an extended period of time off will be dealt with. It may be that employees are permitted to work from home where possible, or a temporary period of other flexible working options arranged. It should be remembered that working parents can also be furloughed in response to childcaring issues where necessary. However, there is no right to be furloughed; it is used at the employer’s discretion.
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