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I work for the NHS but I'm looking for a new job. I have been invited for an interview but I want to know if I ask to have time off for the interview whether legally I have to be given it or if my current employer can refuse it.

2006-07-15 04:27:27 · 18 answers · asked by Anonymous in Politics & Government Law & Ethics

I understand that taking a days holiday whould be the best option, and I do have holiday to take. However, there are already three people in the department with that day off and another three off sick. If I ask for the day off the answer will definately be no. I don't know what to do because the interview is for my dream job and I don't want to miss my chance.

2006-07-15 04:47:50 · update #1

18 answers

There is no legal obligation for any employer to give you time off to go job hunting.

That said, no employer can make you work either. So you can take the time off, but you may lose your job or be reprimanded for taking the time.

If you have holiday time available, if there there are rules for taking it, the job interview doesn't change those rules. Sick is sick...my advice is to call in sick on the day of the interview.

Lawyer with 25+ years in the business world.

2006-07-15 04:53:07 · answer #1 · answered by William E 5 · 2 0

From a legal standpoint, your employer does not need to give you the day off. The only protection you have is under the FMLA, the family medical leave act, but you must sign some paperwork and submit documented evidence.

Your employer does not have to give you benefits, he does not have to give you sick days and can fire you at any time without reason and without notice if he is an "At will" employer in an "At will" state.

Benefits are a means of gaining employees but are not a right. Your employee handbook will say what you are entitled to if you get fired. If it doesn't say, "you can not be fired for taking sick days" then you can be fired.

Your best bet is to try to reschedule the interview. Say that you very much want to take the job you are applying for, but you have some duty to your previous employer and your potential employer should be able to appreciate your professionalism. If your potential employer is too rigid in these circumstances, then I believe you will have the same level of stubbornness at the new place. Remember a real paycheck is worth more than all the potential paychecks in the world.

Ask the potential employer for a few dates that you can go to your boss with and start a negotiation. Whatever you do, don't tell your current job (or co-workers) what you are doing.

2006-07-15 12:18:19 · answer #2 · answered by Discipulo legis, quis cogitat? 6 · 0 0

It depends. Does the employer know you are looking for another job? Are you on working notice right now, meaning you have given your notice and you intend to leave your position on a given date (or maybe they put you on working notice)? Looking for another job while you are still technically employed (without any of the above circumstances) can land you in hot water, so be careful.

2006-07-15 13:30:53 · answer #3 · answered by Angela B 4 · 0 0

Under the old Whitley terms and conditions you would be entitled to time off for interviews for NHS posts. Many people are now employed on local Trust contracts so you would have to check your terms and conditions.

2006-07-15 11:32:52 · answer #4 · answered by migelito 5 · 0 0

I dont know, if I was you Id want to keep quiet about looking for another job anyway, just incase you dont get the one you are going for. I DO know that if you are about to be made redundant they HAVE to give you time off for interviews and stuff though

2006-07-15 11:34:12 · answer #5 · answered by DonnaDoop 4 · 0 0

If you are not being made redundant then you will have to take it as part of your annual leave entitlement. If you are being made redundant you generally get a reasonable allowance for time off for interview or even job seeking.

2006-07-15 11:32:32 · answer #6 · answered by Anonymous · 0 0

If you were a business owner and your worker is looking for another job wouldn't you start looking for a replacement straight away. You could lose your job. It's called a conflict of interest.

2006-07-15 11:33:55 · answer #7 · answered by mrandmisswhat 2 · 0 0

if you have vacation time to use, use it. You don't have to tell anyone what you are taking time off for.

I do not suggest telling your employer you need the afternoon off to look for another job. That's a quick way to a lay-off, demotion, pay cut, etc.

2006-07-15 11:31:13 · answer #8 · answered by KB 6 · 0 0

Ask for some 'Personal Time' off. You don't have to tell them why.

2006-07-15 11:30:43 · answer #9 · answered by wildbill05733 6 · 0 0

when you take a day off, as long as you dont bunk and do it acording to the rules of the company, its none of there business where you go or what you do.

2006-07-15 11:41:48 · answer #10 · answered by c_a_fuk 2 · 0 0

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