Managing employee childcare during the school holidays
School’s (almost) out for summer - and while the kids are celebrating, many working parents face a challenge. With hybrid working still common, it's important for employers to understand how they can support staff while maintaining productivity. Here's our guide to navigating childcare issues during the school holidays.
Can employers ask staff about childcare plans?
Yes – if it’s done in an appropriate way and you ask all staff and don’t direct the question only to certain sections of the workforce, such as women. The risk in asking specific individuals, groups or even departments is that you could end up on the wrong side of a discrimination claim and damage employee relations, so these conversations need to be managed carefully.
Can I insist staff arrange childcare when working from home?
Employees must generally be ready and available to work during their working hours and not distracted by other matters such as childcare. So the short answer is yes - if childcare impacts performance, employers can require arrangements to be in place.
However, in practice it may depend on several factors, including the nature of the business, the employee’s role and the age of the children. Difficulties can often arise where there is a difference in opinion concerning the impact of childcare responsibilities. If you're dealing with a situation like this, we'd be happy to discuss it with you in more detail.
If employees can work alternative hours, for example in the evenings when children are in bed, you could agree a change in working arrangements to accommodate childcare needs during the school holidays, if practicable.
What if childcare hours differ from the norm?
Often summer clubs have shorter operating hours than schools and might be in less convenient locations, so parents might ask for alternative working arrangements during school holidays.
In an ideal world, it’s best to find an agreement that works for all parties, allowing the flexibility required to assist with childcare arrangements, which fosters trust and loyalty. However, it’s not always possible and sometimes it’s better for employees to use annual leave or family friendly leave options, such as parental leave.
What if my employee can't arrange childcare?
There are various types of leave that employees may be entitled to so they can manage childcare. They could take annual leave or they may be entitled to parental leave or time off to care for dependants.
Parental leave is available to all parents with at least one year’s service with a child under 18. It can be taken in one-week blocks for up to four weeks per year, totalling up to 18 weeks per child before their 18th birthday. It is unpaid but allows for an extended period of leave to be taken to care for children. For a disabled child the four-week limit still applies, but leave can be taken in blocks of less than one week.
If your policy states that an employee has to give notice of their intention to take parental leave, it’s worth having any conversations early enough to enable them to do this.
If there is an unexpected interruption in normal childcare arrangements during the school holidays or the child has an accident or is unwell, the employee may be entitled to take time off to care for them. This is also unpaid and short term to enable the parent to take necessary action in the circumstances, such as arranging alternative care.
It's up to both parties to agree any temporary changes to working hours – along with any corresponding change in pay – if that is the most appropriate solution.
Again, employers must be mindful of the potential for indirect discrimination claims, particularly if an employee may feel that they have no alternative but to resign in light of childcare issues.
What if I suspect an employee is being dishonest about childcare?
The main issue is likely to be evidencing this. If the employee normally works from home and is continuing to work, it may be difficult to demonstrate that any temporary reduction in efficiency is related to childcare.
Where there are concerns, it is sensible to discuss these with the employee, remind them of the requirement to have arrangements in place and review their options with them if they are finding things difficult.
Ultimately, if an employee is not working when they should be, it may be a disciplinary issue and more formal action may need to be taken. However, this always depends on the circumstances of the case.
When can I take disciplinary action over childcare?
If it’s been made clear that staff must have appropriate arrangements in place and an employee fails to comply without good reason, it may be possible to take formal action, depending on the individual circumstances. For example, if an employee has arranged childcare during the school holidays but it falls through at the last minute, it’s unlikely to be cause for action, but if they simply ignored the instructions, it could be another matter entirely.
If an employee tells you they have childcare in place when they do not, it may be possible to argue that dishonesty alone is cause for disciplinary action. However, if the employee was dishonest due to severe anxiety, for example, other action such as counselling and support might be more appropriate. Conversely, if the employee has lied simply to avoid childcare costs and deliberately misled you, disciplinary action may be considered.
If an employee abuses their right to take time off under any of the options suggested above, this could also be cause for disciplinary action.
There is no definitive answer as it always depends on the precise circumstances, so again, please speak to us if you're unsure what to do.
How can I prevent issues from arising?
There will never be a failsafe, one-size-fits-all approach. However, it’s important to communicate with staff early and remind them of the requirement to arrange appropriate childcare during the school holidays. You can encourage any employees facing difficulties to speak to you and offer support, assistance and alternative options where required.
Documenting what has been communicated to staff can make it easier to challenge employees who fail to comply. Again, such communications should be to all staff to avoid potential discrimination claims.
Given the difficulties that can arise, the complexities of individual cases and the fact that this can be such an emotive subject, we would always recommend taking advice if you are unsure.
What can LCF do to help?
If you need further advice on managing employee childcare issues during the school holidays, the employment team will be more than happy to help. Contact Brendan Bah on 07518 298 838 or email ku.oc1780310386.fcl@1780310386habb1780310386.
Would your organisation benefit from longer-term employment law and HR support? We also offer a bespoke HR support package for employers, offering clear advice and practical support to help businesses secure the best available outcomes as quickly and simply as possible. Find out more here: LCF Works.
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