Words by ITV News Producer, Jamel Smith
Storm Goretti has forced hundreds of schools across the UK to close this week because of snow and ice, with temperatures falling below freezing.
Parents are now being left scrambling as more schools prepare to shut due to the storm, which has brought amber “danger to life” wind and snow warnings across large parts of the UK.
With disruption expected to worsen, many families are now asking what this means for work, pay and childcare.
So what rights do parents have to paid leave if a school closes, and are they still required to go to work? What about employees who do not have children ? ITV News explains.
What should I expect from my child’s school if it closes?
The Department for Education said schools that close due to severe weather should consider switching to remote learning until they can reopen.
Most schools already have plans in place for remote education, which may include recorded lessons, live online sessions with a teacher, or work set through an online platform.
Can I take time off work if my child’s school is closed?
Yes. Parents are legally entitled to take time off work if their child’s school or nursery closes unexpectedly.
Under the Employment Rights Act 1996, employees have the right to take time off for emergencies involving dependants, known as dependant leave.
Lara Kennedy, an employment lawyer at Leigh Day, told ITV News that this right is not limited to parents caring for children.
“We need to bear in mind that this can go beyond children. It could be a spouse or someone else that we’re looking after,” she said.
Dependant leave is available to all employees, whether they work full-time or part-time.
It covers sudden disruptions to childcare, including schools or nurseries closing at short notice, such as during severe weather.
Employees should inform their employer as soon as possible if they need to take time off because their child’s school has closed.
Where they can, they should explain how long they expect to be away, although this may be difficult during fast-changing situations.
Employers cannot refuse dependant leave if the employee has no other reasonable option.
However, the law only allows for a “reasonable” amount of time off, and this is not clearly defined.
“What’s reasonable is not actually defined. So it really depends on the individual circumstances that you’re dealing with,” Ms Kennedy said.
She advised employees to keep their employer informed and to provide updates as new information becomes available from schools.
“The whole purpose of it (dependant leave) is to get alternative, say, child care arrangements in place. Now that can be very difficult to get if it’s an emergency,” she said.
“So if the school were to be shut for a prolonged period, then it may well be at that point that your employer is expecting you to have maybe found some alternative child care arrangements at that point.”
Employees should not face disciplinary action or risk losing their jobs for taking dependant leave.
If your child is under 18, you may also be entitled to unpaid parental leave.
To qualify, you must have worked for your employer for at least a year.
Parents can take up to 18 weeks of parental leave per child before their 18th birthday, although employers can limit this to four weeks per year.
My child’s school is closed for a long time, and I cannot find alternative care – what should I do?
If a school closure lasts for a prolonged period and you are unable to arrange alternative childcare, your options could become more limited.
Ms Kennedy said employees should keep their employer informed and provide evidence of the closure where possible.
“If it were me and the school was contacting me, I’d keep asking for anything confirming that in writing, so you can obviously give that evidence to your employer,” she said.
Dependant leave is designed to deal with short-term emergencies and does not usually cover extended periods away from work.
“If you can’t afford the alternative child care and prolonged leave is needed, unfortunately, I think you’re in a situation where you have to rely upon your annual leave entitlements,” Ms Kennedy said.
“And if those have also expired, then you’d have to request unpaid leave.”
Employees can also make a flexible working request, such as asking to work from home temporarily, but this depends on how quickly an employer can respond and whether the role allows for remote work.
“It depends on how cooperative the employer is going to be in terms of how quickly they will respond to the request,” Ms Kennedy said.
“Again, that depends on the work that you’re doing and how possible that is, because obviously, only real office workers can do that.”
There is no automatic right to paid time off for long-term school closures, and many families may struggle if alternative childcare, such as support from grandparents, is not available.
Ms Kennedy added that those without office-based jobs, such as people working in retail or on building sites, are likely to be most affected by the disruption.
Will I be paid for dependant or parental leave?
Dependant leave and parental leave are usually unpaid, unless your employment contract or workplace policies say otherwise.
Ms Kennedy said this will depend on your employer, your contract, and, in some cases, past practices. If similar situations have happened before, how your employer responded previously may be a useful guide.
She said: “It may well be that this has happened in a previous year that you’ve worked, then you know usually how your employer reacts to these situations.”
She advised parents to speak to their employer as early as possible to discuss flexible options.
Since the Covid pandemic, hybrid and home working have become more common, meaning some parents may be able to work from home rather than take time off entirely unpaid.
“But there is also that, you know, they’ve got to take into consideration that there are likely to be children at home and therefore the way in which you might be able to work, do phone calls, work needs to be adjusted,” Ms Kennedy said.
Employers are encouraged to be flexible during what is expected to be a short period of emergency leave.
You may also be able to agree to take annual leave if you want to be paid and still have holiday entitlement, but this is at your employer’s discretion.
Crucially, you are not required to make up the time you have taken off later.
I don’t have children and can’t get to work because of the snow – what should I do?
There is no automatic legal right to be paid if you cannot get to work because of snow or ice.
If travel is genuinely unsafe or impossible and you cannot come in, you should inform your employer as soon as possible and explain the situation.
Some employers may allow you to work from home, but they are not legally required to agree to this or to pay you if you cannot attend in person.
Ms Kennedy said workers cannot be penalised for being unable to travel safely, such as when roads are dangerous or public transport is suspended.
However, there is no guaranteed right to pay in these circumstances and in many cases, employees may be asked to take unpaid leave or use annual leave instead.
Policies can vary between employers, and some may check local conditions to assess whether travel is genuinely affected.
The key exception is if your employer closes the workplace due to weather or travel disruption. If this happens and you do not usually work from home, your employer cannot normally deduct your pay.
“The time when you are guaranteed pay is when your employer actually shuts the organisation or the business itself, so you yourself are prevented from being able to go to work.
“And it’s obviously difficult for employers because you may have employees from all over the country, some may be affected by the adverse weather, and others would not.
“The helpful part of it all is usually they’re able to check and see what the particular (weather or travel) conditions are in that employee’s area, so they can validate what it is (an employee) is saying, but it really depends on what that employers’ particular policy is.”
It is important to check your employment contract and workplace policies, and to speak to your employer early to discuss the options available.
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What if my child’s school is open, but I think it’s unsafe for them to travel?
If you believe it is unsafe for your child to get to school, you should inform the school as soon as possible, following its usual absence reporting procedure.
Schools recognise that severe weather can make travel difficult or hazardous, especially in rural areas or where public transportation is disrupted.
Clearly explaining your reasons will help the school record your absence accurately.
Do you get sent home if your workplace is too cold?
Not automatically.
The Health and Safety Executive (HSE) recommends a minimum workplace temperature of 16C for offices where work is mainly desk-based. For jobs involving physical effort, the recommended minimum temperature is 13C.
These figures are guidance, not legal limits.
However, employment lawyer Ms Kennedy said employers still have legal duties under the Workplace (Health, Safety and Welfare) Regulations 1992 to maintain a “reasonable” indoor environment.
The Health and Safety at Work Act 1974 also requires employers to protect employees’ health, safety and welfare, which includes workplace temperatures.
Ms Kennedy said: “If an employee considers the workplace to be too cold, they should raise this with their employer. Whether they can refuse to work depends on the particular circumstances, including the normal temperature, their work environment, how long the uncomfortable conditions have persisted, and any steps/actions taken by the employer to rectify the situation.”
Acas (The Advisory, Conciliation and Arbitration Service) says employers should take practical steps to protect staff if conditions are cold.
This can include allowing warmer clothing, providing extra breaks for hot drinks, or using additional heating such as portable heaters.
In some cases, if low temperatures pose a health risk and cannot be managed safely, an employer may decide to send staff home.
If you are considered vulnerable, for example, if you are pregnant, you may be sent home to protect your health. This would usually be on full pay
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