Time off for dependants

Every employee can take a reasonable amount of time off to deal with an emergency involving a dependant. It is a day-one right, so it applies from your first day in a job. The law does not require the time to be paid, though many NHS trusts, councils and schools pay for some of it under their own special leave policies.

What counts as an emergency

The right covers unexpected or sudden problems where you need to act. Typical examples:

• a dependant falls ill, is injured or is assaulted
• a dependant gives birth
• you need to arrange longer-term care for a dependant who is ill or injured
• a dependant dies, and you need to deal with arrangements or attend the funeral
• the person who normally looks after a dependant lets you down without warning, such as a childminder who is suddenly ill
• an unexpected incident involving your child at school

The test is whether the situation is sudden or unexpected. A hospital appointment booked weeks ahead is not usually an emergency, though you could use annual leave, unpaid parental leave or carer’s leave for planned care.

Who is a dependant

A dependant is:

• your spouse, civil partner or partner
• your child
• your parent
• someone who lives with you as part of the family (not a tenant, lodger or employee)
• anyone who reasonably relies on you for help in an emergency, such as an elderly neighbour or relative

How much time you can take

No fixed number of days applies. The law says “reasonable”, which means enough to deal with the immediate problem and arrange other care. For most emergencies that is a day or two. This right does not expect you to provide the care yourself for a long period. If your child has chickenpox, it covers the time to deal with the illness and make arrangements, and not necessarily the whole stretch they are off school.

There is no fixed limit on how many times you can use it either. If emergencies come often, your employer may look at whether the time is reasonable. With regular caring responsibilities, a flexible working request may give you a steadier arrangement.

Telling your employer

Tell your employer as soon as reasonably practicable why you are absent and how long you expect to be off. It does not have to be in writing. A nurse due on shift should phone the ward or bleep holder as soon as they know, and a teacher should follow the school’s absence procedure so cover can be arranged. If you cannot tell them until you get back, for example because you were in an ambulance, you still have the right.

The law does not require you to provide evidence, though your employer’s policy may ask for some explanation.

Pay in the public sector

The statutory right is to unpaid time off. Public sector employers often go further. Most NHS trusts, councils and schools have special or compassionate leave policies that give a few days of paid leave for emergencies, sometimes at the manager’s discretion and sometimes with a set annual limit. Amounts vary between employers and are not set in the national agreements in any fixed form, so look up your employer’s policy, usually on the intranet or in the staff handbook.

If no paid leave is available, you can ask to use annual leave or to make up the time later. Both need your manager’s agreement.

Protection if things go wrong

You must not be treated badly or dismissed for taking time off for dependants that you were entitled to. Dismissal for that reason is automatically unfair, whatever your length of service.

Problems most often come up when absences are counted under a sickness absence policy by mistake, or when a manager refuses the time. Ask HR to record the absence correctly. If that does not settle it, raise a grievance, talk to your union rep, or contact ACAS for free advice. If the dependant has died, our guide to bereavement and compassionate leave explains the other leave you may be entitled to.