Time off for dependants (emergency leave)

Employees have the right to take unpaid time off work to deal with an unexpected event involving someone who depends on them. Your employer cannot penalise you for taking the time off, provided your reasons are genuine. There is no legal obligation for your employer to pay you for the time you take off.  The legal right only covers unforeseen events to do with your dependants, for example, you could not use the right to have time off for a burst pipe.  You can only take sufficient time to deal with the situation.  The amount of time taken off work must be reasonable in the circumstances.   In a recent case, Royal Bank of Scotland v Harrison (2008) it was held that having prior notice of an situation (e.g. a childminder needing time off next week) does not mean that you cannot have the time off for it.  In this case Mrs Harrison had two weeks notice that her childminder would not be available, but was not able to make alternative arrangements.  However, you should still make every effort to arrange other care, as the time off still needs to be necessary and reasonable in the circumstances.

You can use the right to time off for dependants when:

• a dependant is ill or gives birth;
• a dependant is injured or assaulted;
• a dependant needs you to deal with an disruption or breakdown in care, such as a childminder  failing to turn up, or to deal with an incident which occurs unexpectedly at school
• a family member dies and you need to make funeral arrangements or attend the funeral.

“Dependant” includes your husband, wife or partner, child or parent, or someone living with you as part of your family. Others who rely on you for help in an emergency may also qualify.