Time off for family and dependants
As an employee, you’re entitled to a reasonable amount of unpaid time off from work in order to deal with an emergency involving a dependant.
Unfortunately, the law does not give you a right to paid time off to deal with an emergency involving a ‘dependant’. But your employment contract may give you the right to paid or unpaid time off beyond what the law entitles you to.
It’s worth checking your contract or staff handbook, to see whether your employer is more generous. Some employers will pay staff who have a family emergency, or grant paid or unpaid “compassionate leave” in these situations. Even if your employer doesn’t have a policy for your particular situation, it’s worth speaking to them as they may still grant you paid time off.
If you need further time off, you may have to ask your employer if you can use annual leave or parental leave to cover this period. If you feel you are not well enough to work you should notify your employer and speak with your GP.
Who is a dependant?
A “dependant” could be your spouse, civil partner, child, parent, someone who lives in the same household as you (excluding tenants, lodgers and boarders), or some other person who depends on you for care.
When does the right arise?
Your right to time off arises if:
- you need to assist a dependant who falls ill, gives birth, or is injured or assaulted;
- you need to make arrangements for an ill or injured dependant;
- you need to take action when a dependant dies;
- you need to deal with unexpected disruption or breakdown of the dependant’s care arrangements;
- your child is involved in an incident at school.
How much time can be taken off?
The right is to have a ‘reasonable’ amount of time off to take action which is ‘necessary’ in order to deal with the unexpected or sudden events listed above. What is ‘necessary’ will depend on the circumstances of each case.
In terms of the amount of time off: again, what is ‘reasonable’ will depend upon the nature of the incident and the employee's individual circumstances. There is guidance to suggest that whilst each situation will need to be assessed on its own merits, one or possibly two days at most may well be enough to deal with any particular situation.
If you know you will need to take the time off in advance, for example, your child has a hospital appointment, this will not be classed as an emergency. You will need to book annual leave.
Is dependant’s leave paid?
Your employer may choose to pay you if you do take time off in relation to any of the above, but they don’t have to. Your contract of employment, any company handbook or intranet, should confirm whether they will or not. Failing that, you should ask your manager.
Carer’s Leave
Where the ‘emergency’ is likely to last more than a day or two, you may be able to also take carer’s leave.
Since April 2024 employees with a dependant that have a long-term care need can take up to one week’s unpaid leave to provide or arrange care in each rolling 12-month period.
The definition of who and when someone is eligible to take carer’s leave needs to be considered, but here’s a brief overview:
- a ‘dependant’ if they are a spouse, civil partner, child or parent of the employee, or if they live in the same household as the employee (not a lodger, tenant), or reasonably rely on the employee to provide or arrange care.
- someone has a ‘long-term care need’ if they, i) have an illness or injury that requires, or is likely to require, care for more than three months, ii) they have a disability; or iii) they need care for a reason connected to their old age.
Carer’s leave can be taken in individual days, half-days, or a block of one week. The notice you need to give is either twice as many days as the period of leave you want to take or 3 days, whichever is the greater. It’s worth noting that a request to take half a day counts as a full day when calculating how much notice to give.
Your employer cannot decline a request altogether, but they could require you to take it at a different time, where:
- they consider that the operational needs of the business would be unduly disrupted,
- they allow you take take the leave within a month of the period you initially requested, and
- within seven days of your initial request they write to you explaining the reason for postponing, and confirming the agreed dates when the leave can be taken.
As with other types of statutory leave, employees cannot be subjected to any detriment or be dismissed because they took or sought to take carer's leave.
What if a dependant dies?
If the dependant is your child and they were under the age of 18 (including a stillbirth after 24 weeks of pregnancy) then you will be eligible to take Parental Bereavement Leave (see below). In all other cases you have the right to reasonable unpaid time off if a dependant dies. This is limited to time necessary to deal with logistical matters, e.g. arranging and attending the funeral.
What if your employer doesn’t let you take time off?
If your employer denies you time off for a dependant, you may want to raise a grievance and, in certain circumstances, you may have the right to make an employment tribunal claim (but strict time limits and procedural rules apply). You are protected from dismissal or detriment for exercising your right to take such leave. If you need assistance or advice with this, contact us today.
If a child dies - Parental bereavement leave and pay
Eligible parents have a right to take two weeks parental bereavement leave (‘PBL’) if their child dies under the age of 18, or they are stillborn after 24 weeks of pregnancy.
‘Eligible parents’ for PBL are employees who are either: the biological parent, adoptive parent, prospective adopter, the person who lived with the child and had responsibility for them for at least four weeks before they died, intended parent through surrogacy, or the partner of the child’s parent if they live with the child and the child’s parent in an enduring family relationship.
The leave can be one week, two consecutive weeks, or two separate weeks, and can start on any day of the week. It must be taken within 56 weeks after the death or stillbirth of the child.
Please note: where a child dies, there may be other types of leave that should be considered, e.g. maternity, adoption, shared parental leave and/or paternity leave, which may potentially allow a greater amount of leave than PBL.
What notice do I need to give to take Parental Bereavement Leave?
For PBL starting within the first 56 days (eight weeks) of the child’s death you must notify your employer before the time you are due to start work on the day you want the leave to start. If this is not practicable, you must notify them as soon as is ‘reasonably practicable’.
If you want to take leave after the first eight weeks, you will need to give your employer at least seven days’ notice of your intention to take PBL.
When notifying your employer that you intend to take PBL you will need to tell them: the date of death; the date you want the leave to start, and whether you intend that period to be one or two weeks.
Pay whilst on Parental Bereavement Leave:
There's no right for you to be paid unless you are eligible for Statutory Parental Bereavement Pay (SPBP) or your employer agrees to pay enhanced bereavement pay.
More information about SPBP and the eligibility requirements that need to be met can be found on the government’s Statutory Parental Bereavement Pay and Leave webpage.
What about other entitlements to leave and pay?
Your entitlement to maternity leave and pay is not affected if your child has died or been stillborn. If eligible, you can take maternity leave in addition to parental bereavement leave.
If you have adopted a child or are an intended parent under a surrogacy arrangement you may be entitled to adoption leave. Again, this is in addition to your right to parental bereavement leave.
You may be entitled to other forms of leave and pay as a result of the birth of a child (including a birth to a surrogate mother), or the placement of a child with you for adoption.
Your employer may have enhanced policies, explaining your entitlement to take any applicable leave and what pay you will receive.
Disclaimer: The information and opinions within this guide are meant for general information purposes only. They are not intended to constitute legal or other professional advice and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances.
If you want or require specific legal advice, please call and join our legal advice service, where we will book an appointment with one of our employment specialists who will be able to provide expert advice and guidance on your issue.
