Unpaid leave in public sector

Faith

Hi, this is currently a very hypothetical question, just to clarify. I work full time in the public sector in a multi-disciplinary team. I would like to reduce my days to 4, maybe even 3, ideally through negotiating unpaid leave rather than changing my contract, in case I want to go back to full time.

My predecessor in the team didn't work full time, and I am currently the only team member who actually works 5 days a week (I say that to highlight that flexible working is the norm). Having this conversation with a colleague in the same discipline earlier, they mentioned that unpaid leave, in this manner, is only granted in the form of parental leave, and non-parental leave isn't granted as our discipline is "too valuable" and we're needed full-time unless we are taking parental leave. We can take unpaid leave in bulk sections (i.e. a couple of weeks at a time), but not in smaller chunks, like a day a week.

I do not have children, so stand to be denied flexible working if I were to request it, despite all others on my team (including those in the same discipline) having the option because they have children. Just wondering if anyone has ever experienced a situation like this, and how it was dealt with?

maneno

Faith wrote: »

Hi, this is currently a very hypothetical question, just to clarify. I work full time in the public sector in a multi-disciplinary team. I would like to reduce my days to 4, maybe even 3, ideally through negotiating unpaid leave rather than changing my contract, in case I want to go back to full time.

My predecessor in the team didn't work full time, and I am currently the only team member who actually works 5 days a week (I say that to highlight that flexible working is the norm). Having this conversation with a colleague in the same discipline earlier, they mentioned that unpaid leave, in this manner, is only granted in the form of parental leave, and non-parental leave isn't granted as our discipline is "too valuable" and we're needed full-time unless we are taking parental leave. We can take unpaid leave in bulk sections (i.e. a couple of weeks at a time), but not in smaller chunks, like a day a week.

I do not have children, and it seems to me that this must be a form of discrimination. Just wondering if anyone has ever experienced a situation like this, and how it was dealt with?

How is it a form of discrimination as the parental leave is specifically for people to take care of their children ? Depending on your department, I think the only way your request can be granted if you change your role to part-time and hopefully you can be able to change it back to full time in future

Faith

maneno wrote: »

How is it a form of discrimination as the parental leave is specifically for people to take care of their children ? Depending on your department, I think the only way your request can be granted if you change your role to part-time and hopefully you can be able to change it back to full time in future

Yes, perhaps discrimination was the wrong word, and I have amended my post.

maneno

Faith wrote: »

Yes, perhaps discrimination was the wrong word, and I have amended my post.

I have seen your amendment and not having a go at you, yes they do have the option because they have children, and you do have an option as well to amend your contract to part time position or talk to your line manager if it can be facilitated in another way. I don't think comparing it to parental leave is fair, sure we can go ahead and ask to be offered maternity leave as well to someone who hasn't given birth

cee_jay

There are 2 ways you can take leave like this. One is parental leave (statutory entitlement) or through a work sharing request. In the civil service (which may be different to the public service), circular 31 of 2001 covers this. In the civil service, you opt in for a min of 12 months, and is subject to the needs of the office.

Depending on how long your colleagues are on a reduced week and age of their kids, their parental leave may be expired or about to expire as these limits are set out clearly. It could be discrimination if they are granted work sharing because they have kids and you don't get it because you don't. However, the circular for work sharing does not mention children.

Faith

maneno wrote: »

I have seen your amendment and not having a go at you, yes they do have the option because they have children, and you do have an option as well to amend your contract to part time position or talk to your line manager if it can be facilitated in another way. I don't think comparing it to parental leave is fair, sure we can go ahead and ask to be offered maternity leave as well to someone who hasn't given birth

cee_jay wrote: »

There are 2 ways you can take leave like this. One is parental leave (statutory entitlement) or through a work sharing request. In the civil service (which may be different to the public service), circular 31 of 2001 covers this. In the civil service, you opt in for a min of 12 months, and is subject to the needs of the office.

Depending on how long your colleagues are on a reduced week and age of their kids, their parental leave may be expired or about to expire as these limits are set out clearly. It could be discrimination if they are granted work sharing because they have kids and you don't get it because you don't. However, the circular for work sharing does not mention children.

Thanks both, that's really helpful. I'll have a look at our HR guidelines too. I wanted to fully understand the situation before I discussed it with anyone higher up.

Mrs OBumble

You're in a multi disciplinary team.

That doesn't mean you get what applies to one but not the other (team vs discipline).

Everyone has a legal right to request part time hours: I believe the employer isn't required to allow it but has to consider it in good faith.

Parental leave is a separate right again: it's irrelevant because you aren't a parent.

There is no general right to apply for unpaid leave, that's always case by case.

BrianD3

Your "colleague" said the work is too valuable for staff to work part time - is this individual in a position of authority? if you were to be granted a shorter week, would this individual's workload increase?

If so, don't write it off just yet. Also, in my experience, public sector management are often delighted to hear that staff want to reduce their hours as it means lower payroll costs. This is actually a bad thing as it means that there is chronic understaffing in many areas with staff going part time and not replaced. Service delivery suffers but that doesn't seem to concern the "x years to my fat pension" senior management brigade.

caviardreams

Speaking of pensions - look into how changing to part time / reduced hours will affect your pension contributions if you are on the pre-2013 scheme in particular.

maneno

caviardreams wrote: »

Speaking of pensions - look into how changing to part time / reduced hours will affect your pension contributions if you are on the pre-2013 scheme in particular.

It will be pro-rated, ifthey work 3 days a week, it will be 60%, however, the part-time reduced hours doesn't affect the total number of years accumulated for the post 2013 scheme, I am not sure about the pre-2013 scheme