On Thursday, December 11, a general strike may potentially cause “added instability” for parents and guardians, who remain uncertain about the operation of schools. If schools are closed, can they miss work or work from home?
Regarding missing work due to the strike, there is no specific provision in the legislation for this justification. However, DECO PROteste suggests that the response should consider the child’s age and family context,” explains the consumer protection organization.
Justified Absence?
“The Labor Code allows parents to take up to 30 days off per year to provide urgent and indispensable care to a child under 12 years old, or without age limit for children with chronic illness or disability. For children over 12 years, the limit is 15 days per year,” as stated on the DECO PROteste website.
Beyond accidents and illness, legislation also states that workers may be justified in missing work for reasons not attributable to them, fulfilling a legal obligation. Parents have a legal obligation to care for their children, and non-compliance can lead to legal proceedings, such as intervention by the CPCJ or Family Court.”
“For these reasons, DECO PROteste argues that the absence should be justified whenever workers cannot otherwise ensure care for a child under 12 (or children with chronic illness or disability), due to being a single-parent family or if the other parent is unable to provide care,” explains the consumer protection organization.
Is Teleworking an Option?
Therefore, “although there is no clear obligation for employers to accept these justifications, alternative solutions should be sought — such as teleworking — to ensure workers are not disadvantaged during school operation disruptions.”
“Additionally, while it is generally challenging to predict school closures due to a strike, workers should inform their employer of the potential for a strike and possible absence. This allows for improved task planning and consideration of alternative solutions like teleworking,” states the consumer protection organization’s website.
If I Am Late to Work Due to the Strike, Can My Employer Mark It as an Absence?
You should also be aware that generally, the law allows employers to refuse work for the remainder of the day if the delay exceeds one hour, marking it as an absence.
“If the delay exceeds 30 minutes, the employer can refuse work for the relevant part of the day (morning or afternoon). However, and given DECO PROteste’s stance, the absence can be justified,” it explains.
Do I Need to Submit Any Document for My Absence to Be Justified?
“Besides proof of family conditions (such as being a single-parent family), you should obtain a document confirming the school closure or the inability to leave the child at school if it opens without classes,” DECO PROteste clarifies.
Moreover, “if a closure document is unavailable, the justification can be provided as soon as the parent obtains the declaration from the school or school group, within a reasonable legal time frame.”
Are Justified Absences Paid?
You should also know that “even if there are valid reasons to justify an absence, various factors may lead to loss of pay. Typically, this applies to justified absences due to a school strike.”
“If the employer refuses the justification, the matter can be taken to the Labor Conditions Authority (ACT) or Labor Court, presenting the arguments,” concludes DECO PROteste.
