School Closures Amid COVID: What Are Your Rights?

As the coronavirus pandemic continues to drag on and areas experience surges in infection rates, many schools in the U.K. have decided to remain closed, for now. This has many wondering what their rights and options are if they or their child has to stay home. Here’s what you need to know. 

Wales Schools Closed

First Minister Mark Drakeford announced Welsh schools and colleges will remain closed to students until the February half term, barring a “significant” drop in the number of cases of COVID-19, according to the BBC.

The half term in Wales is set to begin on 15 Feb.

In addition to the extended closures, the phasing of in-person learning at some universities in Wales has been postponed and A-levels, AS-levels and GCSE assessments have been cancelled.

Drakeford told BBC Radio Wales the decision was the “best certainty” he could offer “in a world which is highly uncertain and where things change almost every single day.”

School Closures in England 

Wales’ announcement that schools will remain closed follows a similar announcement from British Prime Minister Boris Johnson.

Schools in England are also not expected to not open before the half term, and A-levels and GCSE assessments are cancelled, according to the BBC. Vocational exams will go on as planned.

Johnson said England’s new lockdown needs to be “tough enough” to stop the mutated coronavirus from spreading and classes would move online.

The announcement did not go over well.

The National Education Union said the government was causing “chaos,” the BBC reported.

Teachers’ unions accused the government of failing to prepare in advance for remote learning and exam alternatives, even though there was “mounting evidence” about the transmission of COVID-19 in schools.

University students taking medical and other hands-on courses will return to in-person learning as planned and will take two COVID-19 tests or self-isolate for 10 days after returning.

What Are My Rights If My Child’s School Closes?

It’s important to know your employment rights if your child’s school is to remain closed.

Kate Palmer, director of HR Advice and Consultancy at Peninsula, an employment law consultancy, told the Yorkshire Evening Post parents will not be classified as self-isolating even if their child is.

The exceptions are if the child is exhibiting COVID-19 symptoms or tests positive for the virus, have returned after traveling to a non-quarantine-exempt country, or have been told to self-isolate by the National Health Service (NHS).

Palmer said even in situations where a parent isn’t self-isolating, they still are entitled under law to unpaid time off for their dependents.

“The employment right to this time off is intended to be for unforeseen emergencies only, of which the coronavirus will likely fall under,” Palmer said.

Employers who have a parent on their team who is self-isolating, because of a child’s school closure or other reasons, should be enforcing normal self-isolation rules, meaning Statutory Sick Pay (SSP) will go to eligible employees, regardless of whether they are parents.

The only exception would be in cases where travel to a non-quarantine-exempt country led to the self-isolation, Palmer said.

Employees also are required to alert their employer that they will be absent as soon as possible; they must also tell their employer the reason for the absence and how long they expect to be out. 

“Employers should not reasonably refuse this time off,” Palmer said. “Employees have a right to take a ‘reasonable’ amount of time off, which is generally taken to be up to two days per instance.”

If it becomes clear additional time off may be necessary, employers can discuss with their employees how to deal with the longer absence, Palmer said. Solutions may include working from home when possible or other temporary, flexible options.

Employers may also furlough employees who have coronavirus-related care responsibilities, though employees do not have the right to be furloughed, Palmer said. 

Do you think the right decision was made in closing Welsh schools and colleges? Let us know your thoughts in the comment section below.

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