Working parents and time off for dependants

Claire Simms, Croner-i technical writer, looks at the right to time off for dependants and what employers need to know

Now that children have returned to school after the summer holidays, working parents will be back to juggling their responsibilities to their employer with school life. The start of term can often mean an increase in the spread of sickness and other reasons for school absences, leading to requests from parents for time off for childcare.

My client has had some requests from their employees for time off work to care for their children who have been sent home from school sick. What are the rules on time off for dependants?

Employees have a statutory right to take a reasonable amount of time off work to deal with emergencies involving their dependants from day one of their employment. It is unlawful to dismiss an employee for taking or asking to take time off for dependants.

Who is a dependant?

A dependant is defined as a:

• spouse or civil partner

• child

• parent

• person who lives in the same household but is not a tenant, lodger, boarder or employee

• those who reasonably rely on the employee for assistance if they fall ill or are injured or assaulted or to make care arrangements in the event of illness or injury. This could be, for example, an elderly neighbour.

  
  

When does the right apply?

The right to time off for dependants extends only to what is reasonable to make arrangements in the event of an emergency, such as when a child falls ill at school. What is a reasonable amount of time will depend on the specific circumstances in question, however, usually one or two days may be appropriate on each occasion.

Is any notice required?

Because time off for dependants is for use in an emergency, there is no set amount of notice required from the employee. However, employees should let their employer know as soon as possible that they need time off for dependants. They should also explain the reason and how long they expect to take.

What about pay?

Time off for dependants is unpaid, unless your client decides to offer enhanced rights to paid time off. Your client could discuss with their employees the option of making up the time at a later date so that the employees can still be paid and they can catch up on any work they have missed.

Are there any other options for time off?

If employees need additional time off as a result of an emergency involving their dependants, options may include:

• agreeing a period of annual leave

• taking any banked time off in lieu

• unpaid leave

• a temporary period of home working or flexible working  

• unpaid parental leave.

Employers should discuss these options with their employees where appropriate. Implementing a policy on time off for dependants can also be helpful to set out the organisation’s stance on this.

By Claire Simms, technical writer, Croner-i