Am I entitled to time of work to care for my children during teacher strikes?

The strikes mean many schools are closing, or partially closing, through a combination of national and regional walk-outs, unless the government and the National Education Union reach a late agreement over pay.

The first strike day is set to happen tomorrow, Feburary 1 and will cause significant disruption to those who rely on having children in school to attend work.

Parents may struggle to find alternative childcare on the strike days meaning it could have an impact on their own jobs as their children are home from school.

Chris Garner, Managing Director of HR and employment law specialist, Avensure, said: “It’s important that people engage with their employer and follow the correct procedures if they’re struggling to secure childcare on Wednesday - failing to do that could result in disciplinary action as well as loss of pay.

“If an employee exercises their right to time off work due to dependents and was then subject to disciplinary action, put at risk of redundancy, barred from promotion or similar detriment, the company could find itself facing legal action.

“School closures will increase the likelihood of absence from work - but we do need to bear in mind that the current situation is not the fault of working parents, nor is it the fault of employers.

"Whilst there is no automatic right to time off under these circumstances, a staffing disaster can be avoided with effective communication. Both parties should be talking about this now and putting plans in place to manage future strike action.”

Are employees entitled to time of work to care for dependents?

“If an employee is unable to attend work due to childcare issues, they’re entitled to time off for dependents. It is usually unpaid unless their contract states otherwise and is intended for emergencies,” Chris said.

“Because the date of the strike was released in advance, employers could question whether it counts as an emergency, but bosses should bear in mind the lack of notice parents have had.

“There’s always a chance that alternative childcare arrangements could fall through at the last minute also, which would then likely fall into the category of emergency time off for dependents.

“Employees also have the right to take unpaid parental leave, but they must give at least 21 days’ notice of their intention to take the leave, which wouldn’t have been possible this time.

"There’s also the option to request paid annual leave, but the decision on whether to accept lies with employers.

“While there is no automatic entitlement to take annual leave for school strikes, employers should try to be as reasonable as possible. Equally, staff should try to give as much notice as they can and follow the correct procedures.

“If someone needs to take time off for childcare but has no annual leave left to take, authorised unpaid leave is also an option, as is working from home or temporary variations to working hours.”