Definition
A statutory right for employees to take reasonable unpaid time off to deal with an emergency involving a dependant. Also known as dependant leave or emergency leave, it covers unexpected situations such as illness, injury, or a breakdown in care arrangements.
UK Context
The right to time off for dependants is set out in Section 57A of the Employment Rights Act 1996. It is a day-one right requiring no minimum service. Dismissal for exercising this right is automatically unfair under Section 99. Employment tribunals assess whether the amount of time taken was reasonable in the circumstances.
Best Practices
- Ensure absence policies clearly distinguish between time off for dependants and other leave types
- Do not count dependant leave incidents against Bradford Factor scores or absence triggers
- Consider offering a small number of paid emergency dependant days as an enhanced benefit
- Train line managers to respond to requests sensitively and not require excessive justification
Frequently Asked Questions
Is time off for dependants paid?
There is no statutory right to pay during time off for dependants. However, many employers offer a limited number of paid emergency leave days. The employee's contract or workplace policy may provide for paid leave in these circumstances.
How much time off can an employee take?
There is no statutory limit on the number of incidents, but the amount of time taken each time must be reasonable. In most cases, 1-2 days per incident is considered reasonable — enough time to deal with the immediate emergency and make longer-term arrangements.
Can an employer refuse time off for dependants?
No. It is a statutory right and cannot be refused if the circumstances qualify. Dismissing or penalising an employee for exercising this right is automatically unfair. However, the employer can discuss whether the amount of time taken is reasonable.