Time off for dependants

What is time off for dependants?

This right allows employees to take a reasonable amount of time off work to deal with certain unexpected or sudden emergencies and to make any necessary longer-term arrangements. This right relates to unforeseen emergencies only. The right to time off work for dependants came into effect on 15 December 1999, under the Employment Relations Act 1999.

Who is a dependant?

A dependant can be:

A spouse or partner
A child or parent
Someone living at the same address as the employee who reasonably relies on the employee for care (not a lodger)
Others who rely solely on you for help in an emergency may also qualify as a dependant.

Who is entitled to time off for dependants?

The right to time off for dependants is available to all those with a contract of employment with an employer. This is regardless of whether you work full-time or part-time. Employees can start using this right from day one of starting their job - there is no qualifying period.

Entitlement also means that employees are protected from being penalised or dismissed, because they have used this right. It is therefore unfair to be dismissed or selected for redundancy for taking, or seeking to take, time off under this right.

What is an emergency?

An emergency is when someone who depends on the employee:

Is ill and needs their help
Is involved in an accident or assaulted
Needs the employee to arrange their longer term care
Needs the employee to deal with an unexpected disruption or breakdown in care, such as a childminder or nurse failing to turn up
Goes into labour

Employees can also take time off if a dependant dies and the employee needs to make funeral arrangements or attend the funeral.

Telling the employer

Employees must tell their employer the reason for their absence and how long they expect to be away from work, as soon as practicable. This need not be in writing.

What is a reasonable amount of time?

This is not specified in the legislation, since this will vary according to the circumstances of the emergency.

However, it is normally considered as the time it takes to deal with the immediate emergency. For example, if an emplopyee’s child falls ill, the employee may take enough time to take them to see a doctor and arrange for their care. However, the employee will not be entitled to take two weeks leave to look after a sick child. If they wish to do this, they will be expected to make other arrangements with their employer, such as taking another form of leave.

Pay during time off for dependants

There is no automatic entitlement to be paid during this period. Whether the period is paid or not will be determined by the terms and conditions of employment (as detailed in the written statement of particulars), or what is customary. In the event that an employer offers dependants leave with pay, for some or all of the time taken, the employer should be consistent to all staff.

What happens if my employer refuses to let me take time off?

An employee may make a complaint to an Employment Tribunal if:

The employee has unreasonably been refused time off
They suffer a detriment for taking, or seeking to take, time off
They are dismissed for taking, or seeking to take, time off

Non-emergencies: knowing in advance that a problem is going to arise

The legal right to time off for dependants relates only to unforeseen and emergency situations. If an employee knows beforehand that they are going to need time off, arrangements for this would normally be made with the employer as another form of leave. If the situation involves an employee's child, they may be entitled to parental leave.