| Topic Index |
|---|
| Overview |
| What is a dependant? |
| Scope of the right to time off |
| Remedies |
| Resources |
Overview
- Employees are entitled, irrespective of length of service, to a reasonable amount of unpaid time off work to care for dependants.
- The right is to time off is when an employee needs to take action 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 or for the death of a dependant
- because of the unexpected disruption or termination of arrangements for the care of a dependant
- to deal with an incident which involves a child of the employee which occurs unexpectedly at a time when an educational establishment is responsible for the child
What is a dependant?
- The following categories of people qualify as a dependant: a spouse or civil partner, a child (irrespective of age), a parent, or a person who lives in the same household as the employee otherwise than as an employee, tenant, lodger or border.
- A dependant can also include someone who reasonably relies upon the employee to make arrangements for the provision of care in the event of illness or injury (e.g. a friend or neighbour).
Scope of the right to time off
- The employee does not need advance permission from the employer for time off but must tell the employer of the reason for absence and how long he or she expects to be absent.
- The entitlement is to 'a reasonable amount of time off' to take action which is 'necessary'. There is no specific guidance from official sources on this but case law has been helpful.
- Factors to take into account when deciding whether the time off is 'necessary' include: the nature of the incident, the relationship between the employee and the dependant and the extent to which anybody else can provide assistance.
- When considering what constitutes a 'reasonable' amount of time off, the circumstances of the individual employee should always be taken into account, whereas any disruption or inconvenience caused to an employer should be considered irrelevant.
- The right does not equate to compassionate leave for bereaved employees. Funeral arrangements, registering a death, and applying for probate might qualify but sickness absence as a result of bereavement does not.
- The word 'unexpected' does not involve a time element. For example, if an employee's childminder gives the employee 2 weeks' notice that she cannot look after her child; the employee then tries to make alternative arrangements but cannot, that employee would qualify to take dependant care leave.
- The right is intended to cover genuine emergencies and if the right is being abused this can be dealt with under the employer's usual disciplinary procedures.
- Although there is no statutory requirement to keep records, employers may want to monitor time off for dependents in the same way as sick leave is monitored.
- See the Policies and Documents section for a specimen dependent care leave policy (subscribers only).
Remedies
- An employee can complain to a tribunal that an employer has unreasonably refused to permit him or her to take time off or subjected them to a detriment for taking it. Such a claim must be made within 3 months of the date when the employer refused time off.
- If the tribunal finds the complaint well founded it must make a declaration to that effect and can award such compensation as it considers 'just and equitable' in all the circumstances having regard to the employer's fault and any loss sustained by the employee.
Resources
The Policies and Documents section contains a dependant care leave policy, together with other time off policies and documents (subscribers only).
Business Link
Directgov
Worksmart (TUC)
Subscribers only - 
