Time off for dependants: everything you need to know

Navigating the complexities of employee absences can be challenging, particularly when personal emergencies arise. As an employer, understanding and effectively managing leave for employees to deal with emergencies is absolutely crucial for maintaining not only a legally compliant workplace, but also a supportive and thriving company culture.

A robust and compliant policy provides the foundation for consistent, fair, and legally sound practices, protecting your business from potential disputes and ensuring employees are treated equitably.

Empathy plays a vital role in responding to an employee’s family emergency. Recognising the human element in these situations and responding with compassion is essential. When employees feel supported and understood during difficult times, it builds trust and ultimately contributes to reduced staff turnover.

This blog post aims to provide a comprehensive guide to time off for dependants (sometimes referred to as emergency leave/family emergency leave), empowering you to handle these sensitive situations with clarity, confidence, and empathy, ensuring both employee wellbeing and minimal disruption to business operations.

What is time off for dependants?

Time off for dependents is a statutory entitlement. This means that by law, anyone classed as an employee can take time off to help a dependant with an emergency (Employment Rights Act 1996). The purpose of this leave is to deal with an unexpected problem or emergency. As such, it can sometimes be referred to by employers as ‘emergency leave’. To be eligible for the leave, the situation needs to be something that was unforeseen and unplanned (there are other leave options for situations that offer notice and can be planned for).

Who counts as a dependant?

A dependant is usually a family member or someone who depends on the employee. This could be a husband, wife, civil partner or partner, a parent or a child. It could also be someone who lives in the employee’s household (excluding lodgers, tenants or employees) or someone who relies on them, such as an elderly neighbour.

What constitutes an unexpected problem or emergency?

The foundation of time off for dependants lies in its response to sudden, unforeseen circumstances that require an employee’s immediate attention. Understanding what
constitutes an ‘emergency’ is essential for consistent and fair application of this statutory right.

The typical scenario involves the sudden need to care for a dependant who has become ill, injured, or where care arrangements have failed. This unexpected disruption to normal care arrangements requires immediate action. It’s vital to distinguish between genuine emergencies and pre-planned events. For instance, a pre-booked medical appointment would not typically qualify as an emergency.

Examples of qualifying situations

Sudden illness or injury of a dependant

This includes a child injured at school or experiencing an illness, a relative requiring care due to an accident, or a partner unexpectedly going into labour. The illness or injury doesn’t have to be life-threatening; it can be physical or mental and may result from the deterioration of an existing condition. Time off can also be used to arrange longer-term care for the dependant.

Injury or assault

If a dependent is a victim of an assault or similar incident, time off is permissible for providing comfort and support, even if there are no physical injuries. This also includes the arrangement of longer-term care if needed. Employers should be mindful that the emotional impact of such events can be significant, and employees may require time to assist with police matters or provide psychological support. It’s important to approach these situations with sensitivity and understanding.

Unexpected disruption of care arrangements

This covers situations where a childminder, nurse, or care facility (including school or nursery) fails to provide the expected care, leaving the employee with immediate care responsibility. Employers should recognise that these situations often require employees to make urgent alternative care arrangements, which may involve significant time and logistical challenges.

Unexpected incidents during school hours

If a child is involved in an incident at school, such as a fight, injury, or suspension, the employee is entitled to take time off. These situations can be distressing for both the child and the parent, and the employee may need time to address the immediate needs of the child and liaise with the school.

Death of a dependant

Time off can be taken to arrange and attend funerals, and the employer should encourage open communication and be mindful of the emotional impact of a bereavement. If the funeral is overseas, a reasonable period of absence should be agreed upon. Employers should be aware that the effected employee may need time to handle a range of administrative tasks, such as registering the death, dealing with probate, and managing the deceased’s affairs. Phased returns to work or other supportive measures to aid the employee’s transition back should be considered. Some employers may have separate policies in place to deal with these situations, such as compassionate and/or bereavement leave.

Key considerations for employers

Employees should inform you of their absence as soon as possible. While formal written notice is not required, clear communication is essential. The law does not stipulate how much time an employee can take off or how many occasions, just that the time off should be ‘reasonable’. Employers should be as flexible as possible and work with the employee to establish how much time they need to deal with the situation. The time off should be used to address the immediate emergency and arrange necessary care, as opposed to providing any longer-term care that may be needed. This typically involves one to a few days but, as highlighted, is dependent on the situation.

Your time off for dependants policy should be applied consistently across the workforce to ensure equal treatment of staff, and records of emergency leave should be maintained for audit purposes.

Other types of leave available

While time off for dependants addresses immediate crises, it’s vital to recognise that employees may face a variety of personal situations requiring different types of support. Understanding these distinctions and the broader spectrum of leave options is crucial for effective HR management.

Bereavement leave

If a dependant dies, an employee is entitled to take leave under ‘time off for dependants’. However, many employers will have a separate bereavement leave policy. As already covered, there is no entitlement by law for time off for dependants to be paid, however an employer can decide to offer paid leave for bereavement if they wish. Where this is offered, eligibility and entitlement should be clearly outlined in the leave policy and applied consistently.

Compassionate leave

If someone other than a dependant dies, there is no legal right to time off. However, regardless of this, employers should still be compassionate towards their employee and recognise that relationships and family dynamics can be complicated and just because someone does not fall under the definition of a dependant does not mean the employee won’t be deeply affected by their passing. Compassionate leave is often used by employers in these circumstances which can be used to address situations involving the loss of a loved one or other deeply distressing events. It allows employees to cope with grief and make necessary arrangements. Employers should again have a clearly written policy explaining what they are prepared to offer to employees in these situations in terms of time off and whether or not this is to be paid or unpaid.

Parental bereavement leave

This statutory right provides time off for employees who experience the death of a child under 18 or a stillbirth after 24 weeks of pregnancy. It is available to biological, adoptive, and foster parents, as well as guardians. Employees are entitled to two weeks of leave and pay per child in such tragic circumstances. This leave must be taken within 56 weeks of the child’s death.

Maternity and paternity leave

Statutory maternity leave for eligible employees allows for 52 weeks of maternity leave, with maternity pay for up to 39 weeks. Statutory paternity leave stipulates that fathers or partners can take one or two weeks of paid paternity leave. Shared parental leave is also an option, this allows parents to share leave and pay, providing greater flexibility in childcare arrangements.
The above leave types are pre-planned, and therefore, are not to be confused with time off for dependants.

Parental leave

This leave can also be referred to as ‘ordinary parental leave’ or ‘unpaid parental leave’. Eligible employees can take up to 18 weeks of unpaid parental leave up until a child reaches 18. The leave must be taken in weekly blocks of up to a maximum of four weeks per year, per child. Currently, employees must have at least 1 years’ service with the employer to be eligible for parental leave and must give at least 21 days’ notice before the intended start date of the leave. Employers cannot refuse the leave or change the amount requested but may be able to postpone when it is taken depending on the circumstances and business impact.

Carer’s leave

Anyone who is legally classed as an employee can take time off to help a dependant who needs long-term care. This is covered under the Carer’s Leave Act 2023 which took effect from the 6th April 2024. Carer’s leave is a day-one right and can be used by an employee to provide care to a dependant who has a long-term care need. Employees can take up to 1 week of carer’s leave every 12 months (a week is equal to their usual working week e.g. if someone usually works 3 days per week, 3 days would constitute the 1 week of carers leave). Unlike time off for dependants, employees wishing to take carer’s leave must give notice to their employer. The minimum notice period is 3 days, and increases depending on the number of days leave the employee wants to take.

FAQs about time off for dependants

To help employers confidently manage family emergency leave situations, here are some frequently asked questions.

Do employers have to pay for emergency time off (time off for dependants)?

No, employers are not legally obligated to provide paid time off for emergency leave. However, employers have the discretion to offer paid leave as part of their company policy or within an employee’s contract. Where paid leave is offered within an employee’s contract, this must be honoured.

Offering paid leave in these situations can significantly boost employee morale, demonstrate a commitment to employee wellbeing, and potentially improve staff retention. Employers could consider implementing leave policies that provide paid time off in specific circumstances, such as the death of a close family member. Clearly communicate your policy on paid and unpaid leave to employees to avoid confusion and ensure consistent application.

How much time off is considered reasonable?

There is no fixed duration stipulated within the legal framework, and it is completely dependent on the situation. time off for dependants is intended to allow employees the time to deal with an immediate crisis and make initial arrangements for care. Typically, this might involve one or two days but could be more depending on the specific circumstances.

A more serious emergency may warrant more time off than a minor one. Employers should consider the employee’s caregiving responsibilities and the complexity of the situation. The feasibility of alternative care arrangements and the time needed to organise them should also be discussed with the employee in question. It is important to maintain open, empathetic communication at all times to ensure the employee’s needs and expectations are understood.

Do employees need to give notice for emergency leave (time off for dependants)?

It is usually not possible to give notice as these situations are unplanned and unexpected, however employees are expected to inform their employer as soon as reasonably practicable.

Encourage employees to provide as much information as possible about the reason for their absence and the anticipated duration. This allows you to plan for any necessary coverage or workload adjustments.

Can employers refuse emergency time off?

No. time off for dependants is a statutory right designed to protect employees in genuine emergency situations. Employers cannot refuse a legitimate request for reasonable time off to care for dependants.

For misuse prevention, it is recommended to implement measures such as clear policies and consistent monitoring of absence patterns. Be aware of your obligations under employment law and avoid any actions that could be construed as unfair dismissal or discrimination. Employees should not receive detrimental treatment as a result of taking time off to care for dependants. It is automatically unfair to be dismissed or selected for redundancy for taking or asking to take time to care for dependants.

What should I include in my business’s time off for dependants policy?

A comprehensive policy is essential for clarity and consistency. It should outline the process for requesting leave, any additional benefits offered, and how leave will be recorded.
Your policy should include:

• A definition of ‘dependant’: Clearly define who qualifies as a dependant for the purposes of emergency leave.
• Qualifying emergencies: Provide examples of situations that would typically qualify for emergency leave.
• Notification procedures: Specify how employees should notify you of their need for leave, including who to contact and what information to provide.
• Documentation requirements: Outline any documentation or evidence that may be required.
• Leave duration: Provide guidance on what is considered ‘reasonable’ time off.
• Paid vs. unpaid leave: State whether time off for dependants is paid or unpaid and detail any other leave provisions (compassionate, bereavement, parental etc.).
• Recording procedures: Clearly outline how emergency leave will be recorded and tracked.
• Contact information: Provide contact details for HR or other personnel who can answer employee questions about the policy.

Top tips and tricks for effectively managing family emergency leave

Managing family emergency leave proactively is crucial for both compliance and a positive workplace culture. Here are essential tips and tricks to help you build a watertight policy and handle these situations with confidence.

1. Make your policy accessible

To ensure consistency and fairness, your family emergency leave policy should be included within your employee handbook for easy access so that employees understand the process for requesting leave.

2. Show flexibility

Consider offering options like flexible scheduling or remote work to help employees manage their responsibilities during emergencies. This demonstrates support and helps them balance their needs.

3. Be empathetic

Understand the personal reasons behind the request and offer support, showing genuine care and that you value your employees’ wellbeing. Practice active listening and avoid making assumptions.

4. Communicate clearly

Make sure employees are aware of the policy and any updates to it, promoting transparency and minimising confusion. Use various communication channels to reach everyone across the business and ensure that new staff are briefed on how the business approaches family emergency leave during the onboarding process.

5. Document everything

Keep detailed records of all emergency leave taken, using a secure system to maintain an audit trail and ensure compliance. This helps protect your business and provides valuable data.

Managing workload during family emergency leave

Effectively managing family emergency leave requires a balanced approach. It’s crucial to be an empathetic and supportive employer, recognising the personal difficulties employees may be facing. However, it’s equally important to acknowledge and proactively address the challenges that such leave can bring to the business and the remaining team.

When an employee takes time off for dependants, it’s essential to have strategies in place to manage their workload effectively to minimise the knock-on effect of the absence. Firstly, encourage employees to communicate their expected return date as soon as they are able, as this helps with planning. Temporarily distributing the workload among the remaining team members is often necessary to ensure that essential tasks are covered. Consider implementing flexible working arrangements or remote work options for other employees, which can help to maintain productivity and provide support.

Finally, it’s important to communicate proactively with clients and stakeholders about potential delays, managing expectations and maintaining positive relationships.

By proactively establishing robust policies, fostering a culture of empathy, and diligently implementing these guidelines, you’re not just managing family emergency leave – you’re building a resilient and supportive organisation.

This commitment to both employee wellbeing and business continuity will yield long-term benefits, including increased employee engagement, reduced turnover, and a stronger, more sustainable business.

For expert HR advice on how to manage emergency leave, the team at Penshaw View are here to help.