Employers have to give their employees a reasonable amount of unpaid time off work to deal with emergencies, such as caring for a relative who is ill. Mishandling requests to take off work for dependants can result in morale issues, and potentially tribunal claims, making it important to deal with these issues fairly, lawfully and consistently.
Do Employees Have the Right to Take Time Off for Dependants?
Employees have a statutory right to take unpaid time off work to care for dependants or to deal with emergencies involving a dependant. This allows for a reasonable amount of unpaid time off necessary to deal with unexpected events involving their dependants. Such instances would include having to provide immediate care for a dependant who is sick or injured or in the event of an unexpected breakdown of care arrangements.
A dependant is usually a close family member, such as a child, spouse, or parent, who relies on the employee for care.
The impact of the time off on the employer is of no material relevance to the employee’s right. However, this right is limited to a ‘reasonable’ amount of time, and is not indefinite. The employee would ordinarily be expected to arrange for alternative care where possible.
To qualify for the statutory right, the employee must notify their employer as soon as reasonably practicable giving the reason for their absence and how long they think they will be away.
Employees who are refused permission to take the time off or who are subjected to a detriment for doing so may be able to bring a tribunal claim against their employer. They may also be able to bring a claim for automatically unfair dismissal if they are dismissed for exercising the right.
As an alternative, parents might also have a statutory right to unpaid parental leave.
Paid Time Off for Dependants
Employees’ rights to take paid time off will depend on the terms of their employment contract.
Employers are advised to check their employees’ contracts to confirm their position. If the employment contract allows paid leave to deal with dependant emergencies, it would be a breach of contract not to allow paid time off in accordance with its terms.
If the term is discretionary, employers should think about whether they will want (or be able) to offer paid time off.
Note that a right may have become contractual through custom and practice if employers have always paid for time off for dependants and employees have a reasonable expectation of being paid.
Where the employee is not entitled to paid time off to care for dependants, they should still be permitted time away on an unpaid basis.
Key Considerations for Employers
Key risks for employers include the possibility of disputes if employees believe their requests for time off are unfairly refused or if they face disciplinary action for taking such leave. Misunderstanding the legal rights of employees could result in claims of unfair dismissal or discrimination, which can be costly and damaging to the organisation’s reputation.
Employees are not required to give advance notice for taking time off for dependants, as these situations often arise unexpectedly. This can create significant challenges for employers in managing staff absences, ensuring adequate coverage, and maintaining productivity. Sudden absences can disrupt business operations, particularly in smaller teams or businesses with limited staff, where even a single absence can impact overall workflow.
The lack of notice can also make it difficult to plan ahead, leading to potential delays in projects or a need to reallocate tasks on short notice. This uncertainty can put pressure on remaining staff and may affect team morale if not handled carefully.
To mitigate these risks, employers should implement clear policies that outline the process for requesting time off for dependants. These policies should be communicated effectively to all employees, ensuring they understand their rights and the procedures they need to follow. Regular training for managers on handling these requests is also advisable to ensure consistency and fairness.
Employers should approach each request with sensitivity, taking into account the employee’s situation while balancing the needs of the business. Flexibility, where possible, can help in finding a solution that works for both parties. Additionally, keeping accurate records of all requests and how they are handled can provide valuable documentation if any disputes arise.
Employers are also advised to ensure they act consistently between employees. Inconsistent treatment risks indirect discrimination claims where there is no good reason.
Need Assistance?
Employers are advised to keep the government guidance under review and take professional advice about any workforce concerns.
If you are concerned about the employment risks relating to the coronavirus and mitigating its impact on your workforce and business, we can help. Our team of employment specialists can support with advice on specific issues and developing a strategy to manage the ongoing risk and aftermath of the Covid-19 crisis. Speak to our experts today.
Time Off For Dependants FAQs
Who qualifies as a dependant?
A dependant is typically a close family member, such as a spouse, partner, child, or parent, who relies on the employee for care. It can also include someone who lives with the employee (not as a tenant, boarder, or lodger) or someone who depends on the employee in an emergency.
Is time off for dependants paid?
In the UK, time off for dependants is generally unpaid unless your company policy states otherwise. Employers may choose to offer paid leave, but this is not a statutory requirement.
How much notice is required for time off for dependants?
Employees are expected to inform their employer as soon as reasonably possible, though no formal notice period is required. The law recognises that emergencies often do not allow for advance notice.
How much time off can an employee take for a dependant?
The amount of time off should be reasonable in the circumstances. There is no set limit, but typically it covers the time needed to deal with the immediate issue, such as arranging alternative care or resolving an emergency.
Can an employer refuse a request for time off for dependants?
Employers cannot unreasonably refuse a request for time off for dependants. However, the right to time off is limited to dealing with emergencies or unforeseen matters. If the request does not meet this criteria, the employer may refuse it.
Does time off for dependants affect holiday entitlement?
Time off for dependants is separate from annual leave and does not affect holiday entitlement. It is a statutory right, distinct from holiday rights.
Can an employee be disciplined for taking time off for dependants?
Employees should not be disciplined for taking time off for dependants, provided the time off is reasonable and for a legitimate purpose. Unfair treatment could lead to claims of unfair dismissal or discrimination.
What should an employer do if they suspect an employee is abusing this right?
If an employer suspects misuse of time off for dependants, they should investigate the matter carefully. It’s important to handle the situation delicately and in accordance with company policies, potentially seeking legal advice if necessary.
Can time off for dependants be used for planned events?
The right to time off for dependants is intended for unexpected or emergency situations. Planned events, such as scheduled medical appointments, would not typically fall under this right and should be managed through other types of leave.
Glossary
| Term | Definition |
|---|---|
| Dependant | A person who relies on the employee for care or support, typically a close family member or someone living with the employee. |
| Emergency | An unforeseen or urgent situation that requires immediate attention, such as illness, injury, or the unexpected breakdown of care arrangements. |
| Employment Rights Act 1996 | The key legislation governing employment law in the UK, including rights related to time off for dependants. |
| Reasonable | In the context of time off, it refers to an amount of time that is appropriate and justifiable given the circumstances. |
| Statutory Right | A legal right granted by legislation, which employers must comply with. For example, the right to take time off for dependants is a statutory right. |
| Unpaid Leave | Leave from work that is not compensated by the employer; time off for dependants is generally unpaid unless otherwise specified by company policy. |
| Notice | The information provided by the employee to the employer about their need to take time off, usually given as soon as possible in emergency situations. |
| Holiday Entitlement | The amount of paid time off (holiday) that an employee is entitled to each year, separate from other types of leave like time off for dependants. |
| Unfair Dismissal | Termination of an employee’s contract without fair reason or without following proper procedure, potentially resulting in legal claims against the employer. |
| Company Policy | The specific guidelines or rules set by an employer, which may offer additional rights or benefits beyond statutory requirements. |
| Planned Events | Pre-arranged situations or activities, such as scheduled medical appointments, which do not qualify as emergencies for time off for dependants. |
| HR (Human Resources) | The department or role within an organisation responsible for managing employee relations, including matters related to time off and leave. |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
