The Right to Time Off to Care for Dependants

In line with legislation employees are entitled to take a reasonable amount of time off during working hours in order to take action in a family emergency which is necessary:-

• To provide assistance on an occasion when a dependant falls ill, gives birth or is injured or assaulted.
• To make arrangements for the provision of care for a dependant who is ill or injured.
• On the event of the death of a dependant; for instance, to make funeral arrangements or to attend a funeral.
• To deal with an unexpected disruption or breakdown in care arrangements for a dependant; for instance, when a nurse or childminder fails to turn up.
• To deal with an incident involving an employee's child during school hours; for instance if the child has been involved in a fight or is being suspended from school.

A dependant is the partner, child or parent of the employee or someone who lives with the employee as part of their family. Therefore, the right is extended to an elderly uncle or grandparent who lives in the household. However, it does not include tenants or boarders living in the family home or someone who lives in the household as an employee; for instance a live-in nanny or housekeeper.

In cases of illness, injury or where care arrangements break down, a "dependant" is extended to cover someone who reasonably relies on the employee for assistance. This may cover a situation where the employee is the primary carer or is the only person who can help in an emergency.

In order to be able to take such time off, the employee must advise the Head of Department of the reason for his or her absence as soon as is reasonably practicable. Further, the employee must also tell the Head of Department how long he or she expects to be absent, unless this is impossible (for example, by reason of the nature of the emergency in question) until he or she returns to work.

It is envisaged that the amount of leave will be no more than one or two days in most cases but this will depend on individual circumstances.

The right to time off does not include a statutory right to pay.