Employees have the right to take time off work to deal with a family emergency, giving all employees the right to take a reasonable period of time off work to deal with an emergency involving a dependant, such as a child, and not to be dismissed or victimised for doing so.
This form of leave should cover a range of needs, from genuine domestic emergencies through to bereavement.
These provisions should cover all employees.
There will be no service qualification for this form of leave.
Payment may be made by local agreement, but the expectation is that relatively short periods of leave for emergencies will be paid.
If the need for time off continues, other options may be considered, such as a career break.
Applicants for the above forms of leave should be entitled to a written explanation if the application is declined.
Appeals against decisions to decline an application for leave should be made through the grievance procedure.
Monitoring and Review
All applications and outcomes should be recorded, and each leave provision should be annually reviewed by employers in partnership with local staff representatives.
What the law says
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 cannot be penalised by your employer for taking the time off, providing your reasons for taking it are genuine.
Who is a dependant?
A 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 are going to need time off, you may be able to arrange this with your employer by taking another form of leave. If your child is involved, you may be entitled to a period of parental leave.
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 will 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 have had the chance to contact your employer, you must still tell them why you were absent.
