Family emergency? Your right to time off

URN No: 06/561

Emergencies happen!

In many cases you now have the right to take time off work to deal with an emergency involving someone who depends on you. You can’t be penalised by your employer for taking the time off, providing your reasons for taking it are genuine.

So who counts as depending on me?

Your husband, wife or partner, child or 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.

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 (see How do I find out more below).

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.

Will I be paid?

Not necessarily. It depends on your employer or employment contract. There is no legal obligation for your employer to pay you for the time you take off.

How much notice do I have to give my employer?

You must tell your employer as soon as possible why you are away from work and how long you expect to be off. If you return to work before you’ve had the chance to contact your employer, you must still tell them why you were absent.

How do I find out more?

This leaflet only gives basic guidance. It doesn’t attempt to be a comprehensive guide and shouldn’t be taken as an authoritative statement of the law. For more detailed information see:

Time off for dependants: a guide to employers and employees

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