Return to Work Interview after time off to look after sick child.

[Peter123]

Hello, I am new here and would appreciate some help.

I have been with my current employer for over 6 years, I work part time - 4 hrs a day.

My history of time off for any reason is very good, I rarely take time off for any reason.

I am a single mum to a 16 yr old son who fell ill with some sort of Virus over the weekend. Late Sunday night I sent a text to my boss explaining that I may not be at work in the morning, will see how things go then will text him again before 8am Monday morning to let him know for sure. I start work at 9.30 so well in advance. At 8 am I did text him to say that I would come to work and did attend on time then completed my shift.

On Tuesday (Yesterday) my son was worse, had a high temperature so I felt that I had little choice but to stay at home with him. I contacted my Team Leader saying I will not be at work for the day.

Today I went back to work and have been told that I must attend a "Return to Work Interview" tomorrow.

Let me add that we are a friendly bunch at work, I don't see this as any vendetta or being wronged in any way, equally I want things to be fair on both sides.

Myself and my Son are in good health and are very rarely sick,

My question is:
1. I am learning that the "Return to Work Interview" was for employees that had taken time off sick. In my case I was not sick, my son was and took one day off to look after him.

Should I be required to attend this interview, if not then please advise on the best way forward.

Many thanks in anticipation.

[charitynjw]

Re: Return to Work Interview after time off to look after sick child.

Hi Peter123, & welcome to Legal Beagles.

One of the implied terms of your contract of employment is to do anything the employer 'reasonably' asks of you.

That said, I've never come across a request for a 'back-to-work' when the employee has had a day or so off to look after a sick child.

Perhaps HR is misunderstanding the reason why you were off?

[Peter123]

Re: Return to Work Interview after time off to look after sick child.

Thanks for the prompt reply, it seems that my first step should be to ask HR what reason they have recorded for my absence.

I would like your help to preempt my next course of action. In an ideal world I would make them aware of the circumstances of my absence and they would cancel the "Return t Work"

On the other hand if they insist on it any way how should I best behave in that situation.

[SpringerSpaniel]

Re: Return to Work Interview after time off to look after sick child.

Were your son to have a long term condition, time off for his needs would be a 'reasonable adjustment' under disability discrimination legislation, even if it was him not you who had the disability.

[Peter123]

Re: Return to Work Interview after time off to look after sick child.

Were your son to have a long term condition, time off for his needs would be a 'reasonable adjustment' under disability discrimination legislation, even if it was him not you who had the disability.

Springer Spaniels
As mentioned, my son does not have a long term condition, this was no more than a Heavy Cold (Perhaps Man Flu).


I would be grateful to any help with regard to my next move as in:

I would like your help to preempt my next course of action. In an ideal world I would make them aware of the circumstances of my absence and they would cancel the "Return t Work"

On the other hand if they insist on it any way how should I best behave in that situation ?

thanks again.

[SpringerSpaniel]

Re: Return to Work Interview after time off to look after sick child.

In some employment eg the Civil Service there can be an 'absence management policy' where you get an interview after any sickness absence, even if it has been obvious you were sick, you took only a short time off and you are not off sick much. In these circumstances it is a formality and managers regard it as such.

I would suggest you check whether HR has understood you were off for family reasons not personal sickness. It may be there has been a misunderstanding.

If you do need to have the interview, emphasise all the things you have said here; that the sickness is unusual and you returned to work as soon as you could.

Keep a diary of what happens and if this happens again, so you are prepared if this is affected you more than anyone else. It may simply be company/organisational policy. Many workers are parents and children being sick is not unusual.

If you do need

[Sapphire]

Re: Return to Work Interview after time off to look after sick child.

Could this be due to the age of the 'child', in some peoples eyes a 16 year old should be able to look after themselves if they have a severe cold.

[teaboy2]

Re: Return to Work Interview after time off to look after sick child.

Guys, Section 57A of the employments rights act 1996 allows for an employee to take time off for dependents if they are ill, given birth, injured or assaulted etc

57A Time off for dependants.

(1)An employee is entitled to be permitted by his employer to take a reasonable amount of time off during the employee’s working hours in order to take action which is necessary—

(a)to provide assistance on an occasion when a dependant falls ill, gives birth or is injured or assaulted,

(b)to make arrangements for the provision of care for a dependant who is ill or injured,

(c)in consequence of the death of a dependant,

(d)because of the unexpected disruption or termination of arrangements for the care of a dependant, or

(e)to deal with an incident which involves a child of the employee and which occurs unexpectedly in a period during which an educational establishment which the child attends is responsible for him.

(2)Subsection (1) does not apply unless the employee—

(a)tells his employer the reason for his absence as soon as reasonably practicable, and

(b)except where paragraph (a) cannot be complied with until after the employee has returned to work, tells his employer for how long he expects to be absent.

(3)Subject to subsections (4) and (5), for the purposes of this section “dependant” means, in relation to an employee—

(a)a spouse [F3or civil partner] ,

(b)a child,

(c)a parent,

(d)a person who lives in the same household as the employee, otherwise than by reason of being his employee, tenant, lodger or boarder.

(4)For the purposes of subsection (1)(a) or (b) “dependant” includes, in addition to the persons mentioned in subsection (3), any person who reasonably relies on the employee—

(a)for assistance on an occasion when the person falls ill or is injured or assaulted, or

(b)to make arrangements for the provision of care in the event of illness or injury.

(5)For the purposes of subsection (1)(d) “dependant” includes, in addition to the persons mentioned in subsection (3), any person who reasonably relies on the employee to make arrangements for the provision of care.

(6)A reference in this section to illness or injury includes a reference to mental illness or injury.]]

So basically as the OP had given a reasonable amount of notice in advance, then their is no action the employer can take. If they did so they would be breaching the OP's statutory rights and be in breach of the above as well as 47C (specifically 47c (ss 2, d)) of the act as well, which is the right not to suffer detriment for enacting the right to parental leave.

I would advise that you attend the meeting (do not go in all guns blazing keep it polite and friendly) as its likely just procedural and they are likely concerned for you and your child and may want to know what if anything they could do to assist. But if it becomes a meeting where they are accusing you of too much time off etc. Point them to the legislation above that i mentioned and tell them, you have a statutory right to time off dependents under section 57A of the employment rights act 1996, and any action by them that is detrimental to you as a result of you taking time of or parental leave for dependents/child, would also put them in breach of section 47C as well.

[teaboy2]

Re: Return to Work Interview after time off to look after sick child.

Could this be due to the age of the 'child', in some peoples eyes a 16 year old should be able to look after themselves if they have a severe cold.

True, but in the eyes of the Law they are still a child till they are 18.

Plus under employment law, they are referred to as dependents which can be elderly parents, or a child under 18 or an adult child (living in same house hold or elsewhere) or a wife/husband/partner (partner doesn't have to be living with you) and the list goes on... lol

[Sapphire]

Re: Return to Work Interview after time off to look after sick child.

As an employer its a flaming minefield lol.

[wales01man]

Re: Return to Work Interview after time off to look after sick child.

getting rather complicated here,the OP needs to go to the meeting and see whats what probably nothing

[Sapphire]

Re: Return to Work Interview after time off to look after sick child.

getting rather complicated here,the OP needs to go to the meeting and see whats what probably nothing

Yes, apologies to OP, you're quite right Wales.

[teaboy2]

Re: Return to Work Interview after time off to look after sick child.

Yeah Sapphy its a hell of minefield lol

And yes it is getting complicated, but having the relevant legislation at hand will help her case, in the event the employer is trying to play games. Though i suspect they are just concerned and wanting to know if there is anything they can do to make things easier etc.

[Peter123]

Re: Return to Work Interview after time off to look after sick child.

getting rather complicated here,the OP needs to go to the meeting and see whats what probably nothing

Wow, lots of useful help there.

I think that Wales has put it into perspective, just by being short and sweet.


I have emailed HR asking how they have recorded the Day Off. I have reminded them that if I am sick myself I do in fact go to work. When I am not well I will always go into work then come home if need be. They know that.


Will quite likely amount to nothing, purely because my absence record is near perfect.

Will keep you posted

[Peter123]

Re: Return to Work Interview after time off to look after sick child.

As I thought all good, the didnt do the Return to Work, just reminded me to inform them of any absence at least 2 hours before I am due to start work. To be fair I rang them after my start time.

Thats fair as far as I am concerned,

thanks