School closures - what can working parents do?

As the snow is falling across the UK, school closures continue to provide a headache for working parents (although their children will most likely appreciate the ‘snow day’!). Here, we break down what options are available to both working parents and their employers when it comes to balancing childcare and work. 

Flexible working

Since the pandemic, the flexibility for employees to work from home has been hugely beneficial to parents. For some, a hybrid working pattern between the office and home is already part of employment contracts, so utilising this flexibility when there are school closures should be relatively straightforward – noting that there is likely to be a requirement from the employer for the employee to make up any missed working time/ complete work where the employee has had caring responsibilities during the ‘snow day’.

However, for those employees who do not currently benefit from flexible working, the law does now ensure that they are able to formally request flexible working twice in a 12-month period. Failure to consider, or in some cases accept, an employee’s statutory flexible working request may lead to employers being at risk of a claim of indirect sex discrimination (from either parent). Note, however, that any changes agreed would be permanent changes, unless specified otherwise, so making a statutory request may not be appropriate in cases of short-term changes, or where the request is urgent (employers are currently allowed to take up to two months to deal with statutory requests).

The option of requesting flexible working on an informal basis is also available to employees to deal with the immediate and short-term issue. 

As such, if parents are unable to find alternative care, then allowing some flexibility during school closures may be a sensible route for employers to take to help employees out, so long as having children at home doesn’t impact upon their productivity (or if it does, employees are able to make up any lost time). 

Parental leave 

Working parents are also entitled to request up to four weeks’ unpaid parental leave per year, up until their child turns 18 (up to a maximum of 18 weeks per child). This could be a good option for employees when there are last minute school closures to contend with, but they do need to be mindful that they will not be paid for this time off. 

Additionally, should employers receive an influx of unpaid parental leave requests when there is a raft of school closures, then they will be able to reject requests. In the same way as traditional holiday requests, if there are too many employees requesting parental leave at one time (and/ or other employees have pre-existing holiday booked), employers may wish to allocate parental leave requests on a first-come, first-served basis – or speak to all those employees who have put in requests in order to see if they can be flexible.

Dependant leave

This is the right to take time off work to deal with an emergency involving someone who depends on the employee. Therefore, if childcare which has been organised for an employee’s child/ children falls through at the last minute, for example, then employees have the right to take unpaid dependant leave in order to look after the child. 

Employees do not have to make up the time they take off and the right is to take a ‘reasonable’ amount of time off to deal with the immediate or unexpected crisis – not for planned time off or to provide longer-term care for a dependant. 

Reasonable time off depends on the situation, but it will usually not exceed one or two days. Employers can request evidence of an employee’s reasons for taking time off (either at the time of the request or on an employee’s return to work). It is at the employer’s discretion if they choose to pay for any dependant leave. 

Employers may also have their own policy which either allows for more time off and/ or for employees to be paid in such circumstances.

Bringing children into the workplace

Keeping work life and family life separate is preferable for most employees – but for some, bringing their children into the workplace, especially at short notice when snow strikes, may be their only option. This is often a worst-case scenario where all other avenues of childcare have been explored, but it is not uncommon for employees to occasionally request for their children to be allowed to come into the office with them where no other alternatives are available (i.e. if the employee has critical work meetings, which means that taking holiday, parental or dependant leave is not feasible). Compared to the other options outlined above, bringing children into the workplace does require more consideration, such as:

• The potential disruption having a child/ children in the workplace may cause to other employees.
• Health and safety considerations of ensuring that young children are safe in the working environment (certain workplaces will not be suitable for children, and bringing children to work should not be considered in these instances).
• Supervision will be required at all times – if the parent of the child/ children goes into a meeting, who is responsible for keeping an eye on them?
• If one employee is allowed to bring their child/ children into the workplace, then others will expect the same opportunity to do so – employers need to be fair.
• The age of the child/ children will be relevant too – a five-year-old versus a ten-year-old has very different needs.

In some rare instances, employees may benefit from their employer having childcare facilities onsite in the workplace (for example, some employers offer a creche for staff to leave their children during the working day) which would mitigate the above issues arising. If not, employers may have, or consider, access (temporary or permanent) to other local employers’ or private creches or nurseries.

Third-party childcare

The ever-increasing cost of childcare means that many employees will opt for the above as the most cost effective options. However, government help is at hand for those parents who need it when it comes to childcare. Parents should check to see if they are eligible for any assistance to pay for childcare (clubs, childminders, nurseries, etc.) depending on their circumstances. 

Conclusion

A parent in the workplace will always be a parent first, and employee second. The more flexible employers can be with employees to allow them to balance their work and parental responsibilities, the more likely they will see a more motivated, loyal workforce which will only benefit the organisation.