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The right to change the location of parental leave to avoid trouble with the schedule - work

The right to change the location of parental leave to avoid trouble with the schedule – work

It’s time to pick up the kids and drop them off at school and at leisure. This was the intention of two men who applied for parental leave on a part-time basis from the Swedish Prison and Probation Service. Both were employed in the transport unit, where, among other things, inmates are taken to trial.

During parental leave, they wanted to start a little later and finish a little earlier on certain days of the week.

Their employer gave them the required leave, but during that time they allowed them to work in prison instead of transport.

The ST union believes this was in detriment to them due to parental leave, in violation of the law. So the union demanded compensation of 75,000 of them.

The Prison and Probation Service is entitled to an AD

But now the Labor Court has ruled in favor of the Swedish Prison and Probation Service.

According to the law, parental leave must be granted in the form of reduced working hours at will if it does not cause a “significant disruption” to the operations of the employer.

The union claimed that the two men could have started later and stopped earlier in the transport unit without causing any such disturbance as the law indicates. It is also believed that the deportations reduced the time of men with children who wanted more time for them – because they had to work weekends in prisons.

According to the ruling, the union said it created a feeling of discomfort “because they were treated differently because of parenting”.

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Difficult planning provides flexible scheduling

But the Prison Service notes the difficulty of planning work on the transportation unit, so employees usually have a flexible schedule.

This makes it possible, for example, to work longer if the trial continues.

According to the argument, a lot of working time will be wasted if you are given the right to fixed hours that shorten the working day due to parental leave. It will be difficult to use even in the hours when you are on site.

The Employment Court believes that this would create so much pressure that the Swedish Prison and Probation Service have the right to transfer people to make parental leave possible. Thus, the union’s demands are rejected.

He said no to move

The case also applies to a third person who applied for part-time leave, but refused resettlement and then was not on leave.

The union said the employer refused the leave request, and that the employer withdrew it by saying no to the move. Here, too, the court follows the line of the Swedish Prison and Probation Service.