Time off for Dependants – Family Emergencies

If you have a family emergency, do you have the right to time off?

In many cases, employees now have the right to take time off work to deal with an emergency involving someone who depends on them.

Your husband, wife, partner, child, parent, or someone living with you as part of your family can all be considered as depending on you. Others who rely solely on you for help in an emergency may also qualify.

A new right to a week’s unpaid Carer’s Leave was introduced on 6th April 2024 (see below).

Time Off for Dependants – So what counts as an emergency?

An emergency is when someone who depends on you:

• is ill and needs your help
• is involved in an accident or assaulted
• needs you to arrange their longer term care
• needs you to deal with an unexpected disruption or breakdown in care, such as a childminder or nurse failing to turn up
• goes into labour.

You can also take time off if a dependant dies and you need to make funeral arrangements or attend the funeral.

What if I know in advance that the problem is going to arise?

The legal right only covers emergencies. If you know beforehand that you’re going to need time off, you may be able to arrange this with your employer by taking another form of leave. If it’s your child that’s involved, you may be entitled to a period of parental leave.

How much time can I take off?

As long as it takes to deal with the immediate emergency. For example, if your child falls ill, you can take enough time off to deal with their initial needs, such as taking them to the doctor and arranging for their care. But you’ll need to make other arrangements if you want to stay off work longer to care for them yourself.

You can take a ‘reasonable’ amount of time off, but the legislation places no limits on the time off an employee is entitled to; however in the vast majority of cases this should be no more than a few hours or a day or two (it depends on the nature of the problem), to deal with the immediate crisis. In Cortest v O’Toole the Tribunal found that an employee who took a month off to care for her child wasn’t covered by the right to time off for dependants, as the period was too long.

Will I be paid?

There is no legal obligation for your employer to pay you for the time you take off. Your employer may however offer some paid time off for emergencies in your employment contract.

How much notice do I have to give my employer?

You must tell your employer as soon as possible why you’re away from work and how long you expect to be off.

In the 2014 case of Ellis v Ratcliff Palfinger Limited an Employment Tribunal confirmed that Employees are entitled to take a reasonable amount of unpaid time off work to take necessary action to deal with particular situations affecting their dependants’. However the right to time off only applies if the employee tells their employer both the reasons for the absence as soon as is reasonably practicable to do so and how long they expect to be away from work.

Mr Ellis took his heavily pregnant partner to hospital at first due to illness on 6 February and then because she had been admitted to give birth on 7 February. The Tribunal found that he had failed to tell his employer the reason for his absence as soon as it was reasonably practical to do so, and  he therefore was not automatically unfairly dismissed for exercising this right.

Mr Ellis had failed to telephone his employer at all on 7 February, or attend work, and it was not until the evening of 8 February that he left a message that he wouldn’t be in work on 9 February after receiving a text to contact the office. He claimed his mobile wasn’t charged and he couldn’t remember his employer’s number. He had already received a final written warning because of attendance issues, which was still current.

Can an Employer ‘manage’ your absence if it relates to time off for dependants?

Genuine absence that’s recorded as time off for dependants’ should not be counted against an employee in any way, unless there is doubt that the request is genuine. In Naisbett v Npower Limited, Ms Naisbett was given a warning for seven days absence relating to time off for dependants (in 12 months) and this amounted to a detriment and the Tribunal awarded her compensation.

Parental Bereavement Leave from 6th April 2020

The new Parental Bereavement (Leave and Pay) Act 2018 was introduced into law on 6th April 2020 (it will also be known as Jack’s Law), in England, Wales and Scotland.  It was finally introduced in Northern Ireland on 6th April 2022.  You can read more details here.

New – Carers Leave, from 6th April 2024

A new statutory right to a week’s unpaid leave for Carers.  You can read more details here.

Government guidance to the new Carers Leave is here; and Acas Guidance is available here.

New Neonatal Care (Leave and Pay) Act 2023

On 24th May 2023 this Act became law, but was introduced in England, Wales and Scotland from 6th April 2025 .  This law creates a new day-one right for employed parents whose new-born baby is admitted to neonatal care.  Employed parents will be able to take up to 12 weeks of leave, at a statutory rate, alongside maternity and paternity leave (as relevant).  You can read the full details here.