All employees have the right to take a reasonable period of time off work to deal with an emergency involving a dependent, and not to be dismissed or victimised for doing so.  This leave will be unpaid unless there is an agreement between employer and employee for the employee to be paid for all or part of this time. This right is available to all employees from the fist day of their employment.

Who is a dependent?

A dependent is the partner, child or parent of the employee, or someone who lives with the employee as part of her/his family.  For example, this could be an elderly aunt or grandparent who lives in the household.  It does not include tenants or boarders living in the family home, or someone who lives in the household as an employee, for example, a live-in housekeeper.

In addition, in cases of illness, injury or where care arrangements break down, somebody who reasonably relies on the employee for assistance may also count as a dependent.  This may be where the employee is the primary carer or is the only person who can help in an emergency.

When can an employee take time off?

Employees can take time off to deal with an unexpected or sudden problem and to make any necessary longer term arrangements:

• if a dependent falls ill or has been involved in an accident or assaulted, including where the victim is hurt or distressed rather than injured physically;
• when a partner is having a baby;
• to make longer term care arrangements for a dependent who is ill or injured;
• to deal with the death of a dependent; for example, to make funeral arrangements or to attend a funeral;
• to deal with an unexpected disruption or breakdown in care arrangements for a dependent; for example, when the childminder or nurse fails to turn up;
• to deal with an incident involving the employee’s child during school hours; for example, if the child has been involved in a fight or is being suspended from school.

How much time off must be allowed?

There is no set limit to the amount of time off which can be taken.  The government’s guidance says that in most cases the amount of leave will be one or two days at the most, but this will depend on individual circumstances.  An employee may be able to take a longer period of leave under other arrangements with the employer (e.g. parental leave).

For example, if a child falls ill, the leave should be enough to help the employee cope with the crisis - to deal with the immediate care of the child, visit the doctor if necessary, and make longer-term arrangements.  It does not allow the employee to take two weeks’ leave to look after the sick child. The right is intended to cover unforeseen matters.  If employees know in advance that they are going to need time off they are expected to make other arrangements with their employers, e.g. by taking annual or parental leave.

Notice

Employees need to tell their employers as soon as possible about their absence, the reason for it, and how long they expect to be away from work.  There may be times when an employee returns to work before it was possible to contact his or her employer, but he or she should still tell his or her employer the reason for the absence on return to work.

Refusal by employer to give leave

Employees who think that they have been unreasonably refused time off, or victimised for taking it, can make a complaint to an Employment Tribunal. First of all though the employee should send a grievance letter to the employer; see our factsheet Grievances for guidance on doing this. The Tribunal may order the employer to pay the employee compensation if it finds in his or her favour.

This factsheet is a general guide and not a full statement of the law.

Getting Help

Besides ourselves there are other organisations that can help:

• Equality & Human Rights Commission advises on all types of discrimination; call on 08456 046610 or visit the website www.equalityhumanrights.com.
• Law Centres and Citizen Advice Bureaux (CAB): contact Community Legal Services (CLS) on 08456 081122 to find the nearest advice service to you.
• CLS direct gives advice by telephone; call 08453 454345.
• Trade unions: If you are a member of a trade union, they should be able to help you. If you don't belong to a union, but would like information about which one would be best for you, ring North West TUC on 0151 236 5432.
• Advisory, Conciliation and Arbitration Service (ACAS): ACAS can provide you with information regarding the law and employment issues 08457 47 47 47.

If you need more information about pay and employment rights, contact:

Greater Manchester Pay and Employment Rights Advice Service

( 0161 839 3888 phone and answer machine) 0161 839 3883 fax,

or write to us at

4^th Floor, Swan Buildings, 20 Swan Street, Manchester M4 5JW

We give telephone advice only and cannot see people face to face

visit our website: www.gmemploymentrights.org.uk

Greater Manchester Pay and Employment Rights Advice Service is an independent research and information body funded by all local authorities in Greater Manchester under the AGMA grants scheme

August 2010