Pay deducted for taking a day off with sick child

My employer deducted money from my wages in December. This was because apparently I didn’t have enough holiday left to take and I had a day off because my little one was ill. I have done some research and I can only find information to say it depends what it says in your contract. Unfortunately I don’t have a contract. What do I do? I understand that paying sick pay varies from job to job, but I have worked at the same company for nearly 10 years and I’m rarely off sick. I would understand if they had to pay someone else when I’m not there – but they don’t. I work in an office and the bulk of my work is still there when I go back in!

Sick Child

 

Time off to care for a dependent in an emergency should come under emergency leave. This will cover times when your child is unwell and you need to take time off at short notice (it will usually cover the first day and only if you didn’t know you would need time off).

Emergency leave should be used instead of you using your annual leave, but this will depend on whether you are paid for it or not ( if it is not paid you might want to use annual leave). Legally, companies don’t have to pay for emergency leave, but it should state in an employee’s contract/ policy or intranet.

If you aren’t entitled to emergency leave you might be entitled to paternity or parental leave.

You are legally entitled to a “written statement of the terms and conditions of employment” within 2 months of starting work for them. I would advise that you request one of these or a contract and ask for more detail around the reason for the deduction from your salary and can this not come under emergency leave.



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