Definition
A statutory right for employees to take a reasonable amount of unpaid time off work to deal with an unexpected or sudden emergency involving a dependant. This includes illness, injury, death, disruption to care arrangements, or an incident at a child's school.
UK Context
Provided under section 57A of the Employment Rights Act 1996. There is no set limit on the number of times an employee can take time off, but each occasion should be reasonable, typically one to two days. The right is to deal with the immediate emergency, not to provide ongoing care. Dismissal for taking dependant leave is automatically unfair.
Best Practices
- Make employees aware of their right to time off for dependants and ensure managers handle requests sympathetically
- While the right is to unpaid leave, consider offering paid dependant leave as part of your benefits package
- Keep records of dependant leave to identify any patterns but avoid treating legitimate use as an absence issue
Frequently Asked Questions
Who counts as a dependant?
A dependant is the employee's spouse, civil partner, child, parent, or someone who lives in their household (other than a tenant, lodger, or boarder). For illness or injury emergencies, it also includes anyone who reasonably relies on the employee for assistance.
Does the employee have to be paid for time off for dependants?
There is no statutory right to be paid. However, many employers choose to offer paid time off for dependants, either through a specific policy or by allowing employees to use annual leave. The time off should be reasonable in the circumstances.