Time Off For Dependants
Contents
- What is time off for dependants?
- Who can qualify?
- Under what circumstances can an employee take time off?
- Who counts as a dependant?
- How much time off can an employee take?
- Do employees need to notify their employer about their absence?
- Is the time off paid?
- What happens if an employer considers that an employee is abusing the new right?
- What if an employer unreasonably refuses to allow time off or dismisses an employee for taking it?
What is time off for dependants?
This is a right allowing employees to take a reasonable amount of time off work to deal with certain unexpected or sudden emergencies and to make any necessary longer term arrangements. The circumstances under which time off can be taken under this right are listed in Section 3 of this guidance. The emergency must involve a dependant of the employee. A definition of a dependant can be found in Section 4. An employee who uses this right is protected against unfair dismissal or victimisation.
Who can qualify?
The right to time off described in this booklet applies to most employees, including employees on fixed-term contracts, but not to the self-employed, such as independent contractors or freelancers.
Who are not covered?
The right does not apply to members of the police force, or masters or crew members engaged in share fishing paid solely by a share of the catch.
Is there a qualifying period?
Employees are entitled to this right from day one of starting their job.
Under what circumstances can an employee take time off?
The right enables employees to take action which is necessary:
- if a dependant falls ill, or has been injured or assaulted;
- when a dependant is having a baby;
- to make longer term care arrangements for a dependant who is ill or injured;
- to deal with a death of a dependant;
- to deal with an unexpected disruption or breakdown of care arrangements for a dependant;
- to deal with an unexpected incident involving the employee’s child during school hours.
Does an illness or injury need to be life-threatening?
The illness or injury need not necessarily be serious or life-threatening, and would include both mental and physical illness. The illness or injury may be a result of a deterioration of an existing condition; for example, a dependant may be suffering from a nervous breakdown; he or she may not require full-time care, but there may be occasions when his or her condition deteriorates, and his or her partner or parent needs to take time off work.
What happens if a dependant has been assaulted, but has not been hurt?
In cases where a dependant has been assaulted and there has been no injury, the right to time off also applies where the dependant is distressed: for example, where a dependant is a victim of a mugging incident, but has not been physically hurt, the employee should be able to take time off work to comfort or help the victim.
What does ‘longer term care arrangements’ mean?
Where a dependant needs to be cared for because of an illness or injury, the employee can take time off work to arrange alternative longer term care arrangements. This might mean making arrangements to employ a temporary carer or taking a sick child to stay with relatives.
Can an employee take time off to attend a funeral?
On a bereavement of a dependant, an employee can take time off to make funeral arrangements, as well as to attend a funeral. If the funeral is overseas, then the employer and employee will need to agree a length of absence which is reasonable in these circumstances.
Can an employee take time off if the childminder fails to turn up?
Time off can be taken under this right in the unexpected absence of the normal carer of the dependant; for example, a childminder or nurse may fail to turn up as arranged.
Can an employee take time off if his or her child is involved in a fight at school?
An employee can take time off to deal with a serious incident involving his or her child during school hours. For example, if the child has been involved in a fight, is distressed, has been injured on a school trip or is being suspended from school.
What if an emergency occurs which is not covered by this new right, for example, a boiler bursts at the employee’s home?
Time off for emergencies which are not covered by the new right will remain a contractual matter between an employer and employee. However, as a matter of good practice, employers may wish to be sympathetic to a request for time off under such circumstances.
Can both parents take time off work if their child falls ill or has had an accident?
There may be times when both parents want to take time off work under this right and it may be reasonable, or even necessary, for them to do so. We would want employers and employees to adopt a common-sense approach depending on the circumstances of the situation. Both parents may need to take time off if their child has had a serious accident, but it is unlikely to be necessary for both parents to be absent from work if their childminder fails to turn up.
Who counts as a dependant?
A dependant is the husband, wife or partner, child or parent of the employee. It also includes someone who lives in the same household as a member of the family. For example, this could be an elderly aunt or grandparent who lives in the household. It does not include tenants or boarders living in the family home, or someone who lives in the household as an employee, such as a live-in housekeeper.
In cases of illness, injury or where care arrangements break down, a dependant may also be someone who reasonably relies on the employee for assistance. This may be where the employee is the primary carer or is the only person who can help in an emergency; for example, an aunt who lives nearby who the employee looks after outside work falls ill unexpectedly, or an elderly neighbour living alone who falls and breaks a leg.
How much time off can an employee take?
The legislation does not specify the amount of time off which it is reasonable that an employee should allow, since this will vary with the differing circumstances of an emergency. For most cases, one or two days should be sufficient to deal with the problem. For example, if a child falls ill with chickenpox, the leave should be enough to help the employee cope with the crisis - to deal with the immediate care of the child, visiting the doctor if necessary, and to make longer term care arrangements. The employee is not entitled to take two weeks leave to look after a sick child. In the event of a dispute, it will be up to an employment tribunal to determine what is reasonable.
How frequently can an employee exercise his or her right to time off under this right?
The right is intended to cover genuine emergencies. No limit on the number of times an employee can be absent from work under this right has been set.
What happens if the employee needs longer time off, or knows in advance that the problem is going to arise?
The new right is generally for unforeseen matters. If employees know in advance that they are going to need time off, they should ask for annual leave in the usual way. Or, if the reason they need leave relates to their child, from 15 December 1999 they may be entitled to take parental leave.
Do employees need to notify their employer about their absence?
Employees need to tell their employers as soon as practicable, the reason for their absence and how long they expect to be away from work.
What if an employee fails to contact her employer?
There may be exceptional circumstances where an employee returns to work before it was possible to contact the employer, but he or she should still tell the employer the reason for the absence on returning.
Does the notice need to be in writing?
It is not necessary to give the notice in writing.
Is the time off paid?
The right does not include an entitlement to pay, so whether or not the employee will be paid is left to the employer’s discretion, or to the contract of employment between them.
What happens if an employer considers that an employee is abusing the new right?
Employers who think that an employee is abusing the right to time off should deal with the situation according to their normal disciplinary procedures.
Can an employer ask to see evidence?
There is no statutory requirement for employees to produce evidence, either of the actual incident or their relationship to a dependant.
What if an employer unreasonably refuses to allow time off or dismisses an employee for taking it?
Employees who think that they have been unreasonably refused time off, or subjected to detriment for taking it, may make a complaint to an employment tribunal against their employer.
It is unfair to be dismissed or selected for redundancy for taking, or seeking to take, time off under this right.
URN No: 07/828 sets out unfair dismissal provisions and explains how complaints are dealt with.
What is the meaning of detriment?
Detriment can cover a wide range of discriminatory actions, such as denial of promotion, facilities or training opportunities which the employer would otherwise have offered or made available.
What is the procedure for complaining to an employment tribunal?
As with many other complaints to employment tribunals, the complaint should normally be made within three months of the dismissal or detriment, or when the employer refused to allow an employee to take time off under this right.
What happens if the tribunal finds in the employee’s favour?
Where a tribunal finds that a complaint of unfair dismissal is justified, it will order re-instatement or re-employment, or the payment of compensation. Where an employee complains that he or she has been refused time off or subjected to a detriment and the tribunal finds the complaint well-founded, it will make a declaration to that effect and may order the payment of compensation.