Do you have to go back to work if your child’s school or nursery isn’t open?

PARENTS whose kids aren't due to return to school may continue to struggle to go back to work, so we round-up their rights.

Just last week Boris Johnson announced staff who can't do their jobs from home should go back to work.

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But currently only children of key workers and vulnerable children are able to attend schools, while plans to reopen schools in England from June 1 don't cover all kids, which could leave some parents in a difficult position.

Here's what you need to know:

Can kids go back to school or nursery?

Currently, only children of key workers or kids who are considered vulnerable can attend schools and nurseries, unless schools have made their own separate provisions.

This will continue, but as of June 1, the following children in England are also allowed to return:

• children who attend nurseries and other early years providers, including childminders
• children at primary school in reception and year's one and six
• children at secondary school, college, and sixth forms in year's ten and 12 - although this isn't expected on a full time basis
• children in year's one, six, ten and 11 at alternative education providers
• certain children - as determined by the school based on year group - at special schools, post-16 institutions and hospital schools

The rules are different in Northern Ireland, Scotland, and Wales where the advice is for schools to remain closed - even after June 1 for now - except for the children of key workers and vulnerable children.

I can't work as my children aren't at school. What can I do?

Remember, those who are able to work from home should continue to do so.

So if this is you, your boss won't be able to make you come into the office.

Likewise, if you have symptoms of coronavirus, you must self-isolate for seven-days. This means you should not be going to work during this time.

If someone in your household has symptoms, you will need to self-isolate for 14-days and not leave your home, including to go to work.

In this scenario, you can either be placed on the government's coronavirus jobs retention scheme or you can receive statutory sick pay.

Where you're not ill and your workplace has reopened, you will be expected to go in.

But if your kids are off, the current rules on being entitled to take time off work to look after children - without facing disciplinary action or losing your job - still stand.

There are two scenarios here that can be used - "dependant leave" which allows mums and dads to take time off to deal with an unexpected problem or an emergency, and unpaid leave.

There are no limits on how many times you can take time off for dependant leave, but under unpaid leave the limit is usually four weeks a year until your child turns 18, unless your employer says otherwise.

Unpaid leave does what it says on the tin - it's time off that you're not paid for.

With dependent leave, whether you're paid is down to your employer.

Workers may also be able to negotiate taking holiday or lieu days to look after children - but again, it's up to your boss.

It's worth pointing out that schools won't currently fine you for keeping your children at home.

But the government says it expects people to go back to work where possible and for employers to be as "flexible as possible" although it hasn't put any hard and fast rules in place.

A government spokesperson said: “Anyone who is unable to work from home and can return to work safely should do so, but employers should be as flexible as possible to support their employees with childcare responsibilities.

“Schools have remained open for children of critical workers and vulnerable children, and parents are strongly encouraged to take up those places. 

“We want to get children back into education as soon as it is safe to do so because it the best place for them to learn. Plans to have more children returning to education from 1 June, at the earliest, will allow more families to return to work.”

Can you work from home or request flexible working?

Whether you are allowed to work from home or not will depend on your employer.

All employees have the right to request flexible working - not just parents.

But you must have been with the same employer for at least 26 weeks.

Employers must assess the advantages and disadvantages.

Flexible working can include working from home, flexible hours known as "flexitime", and job sharing.