How to manage employee time off for dependants

According to the Employment Rights Act 1996, anyone legally classed as an employee can take time off to help a dependant with an emergency – how should such instances be managed? 

CREDIT: This is an edited version of an article that originally appeared on Acas

A dependant is a close family member or someone who depends on you.An employee’s dependants can include:

• their husband, wife, civil partner or partner;
• their child;
• their parent;
• a person who lives in their household (not tenants, lodgers or employees);
• a person who relies on them, such as an elderly neighbour.

How much time someone can take?

The law does not say how much time an employee can take off, or on how many occasions; it just says the amount should be ‘reasonable’. The employer should be as flexible as they can be, depending on the employee’s circumstances – how much time they need will depend on what has happened.

When to use this type of leave

An employee can take time off if they need to help a dependant when there’s an unexpected problem or emergency -for example:

• helping a dependant who is ill, injured or assaulted;
• take dependant to the hospital when they go into labour unexpectedly;
• when a child’s school unexpectedly closes;
• when a dependant dies.

Pay

An employer might choose to pay their employees for this type of leave – but they do not have to. To find out what they’re entitled to, employees should:

• check their organisation’s policy, if there is one;
• check their employment contract;
• talk to their employer.

Alternative types of leave

An employer might offer other types of leave that employees could use instead of time off for dependants such as:

• compassionate leave;
• unpaid special leave.

These types of leave might be alternatives if:

• an employee has an emergency but the right to time off for dependants does not apply – for example, if the person they need to help is not a dependant;
• they are a better option for the employee – for example, if the organisation offers to pay for compassionate leave, but not for time off for dependants.

To find out if they can take these types of leave, employees should check:

• with their employer;
• what’s written in their contract;
• what their organisation’s policy says if there is one.

Depending on an employee’s circumstances, there might be other ways to take time off. For example, they might:

• use holiday entitlement;
• take sick leave, if they’re not well enough to work.