Employee - unauthorised absence, wife with complicated pregnancy

[MrsBertMacklin]

Asking this for a friend, so may be a bit slow in reverting with any other information needed on this, but would be grateful if any HR MN'ers could advise on this one.

Employee in question works weekends only. Since about six months ago, he's been absent without authorisation for 8 weekends. Each time, he has phoned his supervisor with one or two days' notice advising he won't be coming to work because his wife is pregnant and needs him at home.

We've had a look at GOV to see what antenatal rights apply to fathers and as far as we can see they have none, but it's good practice to allow fathers to attend scans and appointments and to either grant additional paid leave, or to get them to make the time up.

However, this isn't the reason this man is off as far as my friend has been told, it's just 'wife needs me at home'.

She has called him in for an investigation into the reasons for the absence. If he hasn't been taking the time off for hospital appointments etc., how should she proceed with this case? Any advice, please?

[flowery]

Is your friend the business owner?

[Lonecatwithkitten]

As an employer I would have an investigatory meeting with the employee for this situation. To hear their full story rather than just a short phone message. I would then take professional advice on what I had found out in that meeting before reporting my decision on the meeting to the employee.

[Viviennemary]

I am assuming this person is not being paid for these absences. He should get a verbal and then a written warning. And then that's it. Dismissed.

[MrsBertMacklin]

Flowery, my friend is the client manager and has been roped in to deal with this in the absence of the normal HR person.

He emailed her today, having received the letter giving the date of the investigation and has advised that he can't attend, as his wife is in hospital with a pregnancy related illness, is due to give birth the day before the investigation meeting and he needs to care for her. He has asked for the meeting to be postponed. He's also applied for holiday for the next 4 weekends, but has already used up his allowance for the year.

I think my friend needs to get her bosses to pay for some external HR advice rather than asking her to wing it, yes? This is a complicated one.

[hermioneweasley]

When did the employee start work for the company?

[MrsBertMacklin]

Hermione, not sure, I know he's not a newbie. Will ask her tomorrow.

[mikkii]

Are there no rules in their contract about "dependent's leave"?

[Viviennemary]

I don't see how it is complicated. If the company refuses to authorise the leave then the employee is in breach of contract if the leave is taken. Whether or not that is the sympathetic or moral view is of course up to the company to decide but I cannot see how in law the company is obliged to continue to employee this person who is in breach of contract.

[flowery]

"I think my friend needs to get her bosses to pay for some external HR advice rather than asking her to wing it, yes?"

Yes, really. If she doesn't have the knowledge to handle it without advice from HR and they don't have HR, then he needs to get some proper advice rather than her asking on the internet. Loads of information needed in order to advise properly anyway. Unauthorised or dependents leave, for example, finding out what the issue actually is, the fact that he's had 8 weekends without this being addressed, and now his wife is about to give birth making dealing with it more difficult...

I don't do free advice for business owners on here, but I do have sympathy if she's not the business owner and is being told to deal with it as that's not quite the same thing.

However in a practical sense it's also actually much easier to give remote advice to employees with an issue than employers wanting to deal with an issue.

I would suggest her boss sorts out some proper advice.