Time off for Dependants
If you are an employee, you have a statutory right to take a reasonable amount of unpaid time off work to deal with an emergency or unexpected situation affecting a dependant. This is referred to as ‘Time off for Dependants’ or ‘Emergency Family Leave’.
This article covers the details of the statutory right to take Time off for Dependants. You should also check your employment contract or leave policy, as your employer may offer more generous emergency family leave than the statutory minimum.
- What is Time off for Dependants?
- What is an emergency?
- Who can take Time off for Dependants?
- Who is a dependant?
- Is the time off paid?
- How much time off can I take?
- How to request Time off for Dependants
- What if it’s not an emergency?
- What if it is not a dependant?
- What protections do I have if I take Time off for Dependants?
- Frequently asked questions
If you need benefits advice on what you can claim during time off for dependants please see our page on benefits during paid statutory and unpaid family leave.
What is Time off for Dependants?
Time off for Dependants gives employees the right to take a reasonable amount of unpaid time off work to deal with an emergency or unexpected situation involving a dependant. This right applies to all employees, irrespective of length of service (i.e. it is a day one right) and whether they work full-time or part-time.
Employees who take Time off for Dependants are protected from dismissal or detrimental treatment.
What is an emergency?
An emergency is any unexpected or sudden problem. The following situations are recognised as emergencies for which Time off for Dependants would be necessary:
- To provide assistance to a dependant who falls ill, gives birth, is injured or assaulted
- To make arrangements to provide care for a dependant who is ill or injured
- To make arrangements as a result of the death of a dependant (for example, to make funeral arrangements)
- To deal with the unexpected disruption, termination or breakdown in care of your dependant (for example, if your childminder fails to turn up)
- To deal with an unexpected incident which occurs with your child during school hours (for example, if your child is suspended from school)
You must notify your employer as soon as practicable of the reason for your absence and how long you expect to be off work. If your situation does not fall into one of the above categories, then you will not have a legal right to take Time off for Dependants. However, you should check your employment contract or employer policy, as some employers offer more generous leave entitlements. If you contract doesn’t say you can take time off, you should nonetheless explain your situation to your employer and request unpaid time off.
Even if your situation is listed above, it is always a good idea to speak with your employer about the most appropriate type of leave for you. Your employer might offer another type of leave that is paid or that allows you to take a longer period off work than Time off for Dependants.
Who can take Time off for Dependants?
The statutory right to take time off for dependants applies to all employees – whether permanent, temporary, full time or part time. Workers and the self-employed do not have the right to Time off for Dependants.
You are entitled to take time off for dependants from the first day of employment —there is no length of service requirement.
Who is a dependant?
A ‘dependant’ is defined as a spouse, civil partner, child or parent (but not grandparent) of the employee, or a person who lives in the same household as the employee (other than a tenant or lodger).
A ‘dependant’ would also include any other person who reasonably relies on the employee for assistance if they were to fall ill or to make arrangements for their care.
Others who rely on you for help in an emergency may also qualify. For example, a dependant could include an elderly neighbour who lives alone and has an accident (such as falling and breaking a leg) and has no one else available to help them.
Is the time off paid?
No. The right to take Time off for Dependants is an unpaid right. Some employers may, however, choose to pay employees for all or some of their time off. You can seek to agree with your employer to make up lost time if your pay will be affected, but your employer should not require you to do so.
How much time off can I take?
There is no limit on how many times or how much Time off for Dependants you take. The amount of time off needs to be necessary and reasonable in the circumstances. For example, if you are part of a couple or the other parent is active in the care of your child, the time off that is reasonable in the circumstances would take into account the fact that there is another person to share the care. In most cases, one or two days should be enough time to deal with an emergency involving a dependant.
Normally only one parent would be expected to have the time off at once. However, where a child is very ill, has an accident or is having a major operation, it may be reasonable for both parents to have reasonable time off.
To determine what is reasonable, think about the following:
- Is it the first time you’re asking for Time off for Dependants? If not, how often have you taken Time off for Dependants before and for how long? (Although there is no limit on the number of times you can use Time off for Dependants, your employer may want to talk to you if they think you are taking too much or if it is affecting your work)
- What was the incident? How severe was it? For how long have you known that it might happen?
- Is there anybody else that can help?
- Is there any other arrangement that is possible?
Disruption or inconvenience caused to the employer’s business should not be taken into account when determining how much time off is reasonable to deal with the emergency or unexpected circumstance involving a dependant.
And remember that your employer might have their own policy on taking time off which goes above and beyond the minimum required by law. It is always worth checking your employer’s policy on unpaid leave, parental leave, compassionate leave (in case of a bereavement) and emergency Time off for Dependants.
How to request Time off for Dependants
You do not need to request Time off for Dependants, but to benefit from the protection against detriment and dismissal, there are notification requirements. You should tell your employer as soon as it is reasonably practical that you need time off; how long you think you’ll be absent; and the reason for your absence. You should also notify your employer as soon as possible if the situation changes.
Try to find alternative arrangements (can grandparents help? or your partner?) and keep a record of when you have tried them and why they are not possible or available.
Keep a record of all the conversations (emails/letters) you have had with your employer on the subject, and if there are comments on your return, what these comments were.
Speak to your GP if you need additional time off for stress.
What if it is not an emergency?
If you knew about a situation beforehand, this would not normally be covered by Time off for Dependants. You could request unpaid parental leave instead. This is the case with pre-arranged medical appointments.
However, knowing in advance that something will happen does not mean that you definitely cannot take time off, so long as the time off is necessary. In the case of Royal Bank of Scotland plc v Harrison, the Employment Appeal Tribunal found that it was reasonable for a mother who had two weeks’ notice that her childminder would not be available, and who had tried but was unable to make alternative arrangements for her children, to take Time off for Dependants when she was absent from work.
If your dependant is ill for a long period, it may be better to take paid or unpaid leave, put in a request for flexible working or a request for parental leave.
What if it is not a dependant?
The right to take Time off for Dependants applies to dependants only, and does not extend to friends or pets. Your employer may nonetheless permit you to take unpaid leave off in these circumstances.
What protections do I have if I take Time off for Dependants?
If your employer refuses to let you take Time off for Dependants, or if you suffer a detriment because you have taken Time off for Dependants, you can bring a claim in the Employment Tribunal for compensation (provided the reason you are taking Time off for Dependants is genuine). If you are dismissed for taking Time off for Dependants, you can bring a claim for automatic unfair dismissal.
Frequently asked questions
Can my employer dismiss or discipline me for taking too much Time off for Dependants?
Your employer cannot penalise you for taking, or seeking to take, time off to care for a dependant in an emergency situation. It is automatically unfair to dismiss you if you took, or sought to take, Time off for Dependants, provided your reasons are genuine and it is reasonable. Specifically, your employer cannot:
- Discipline you for seeking to take, or taking, Time off for Dependants.
- Refuse you training or a promotion because you sought to take, or have taken, Time off for Dependants.
- Dismiss you or select your role for redundancy because you sought to take, or have taken, Time off for Dependants.
- Refuse you reasonable Time off for Dependants.
There is no limit on how many times you can take time off for dependants.
If you think you’ve been treated unfairly for taking time off for dependants or if you think that your employer has unreasonably refused to give you permission to take Time off for Dependants, you should always try to solve the matter informally with your employer first. You may want to draw their attention to the law that applies and the protections in place. If this fails, you can raise a grievance with your employer or make a claim in the Employment Tribunal. Note that strict time limits apply.
What should I do if my employer disciplines me for taking Time off for Dependants?
You have the right to complain to the Employment Tribunal if:
- you are subjected to a `detriment’ because you have taken, or sought to take, Time off for Dependants, or
- your employer unreasonably refuses to allow you to take Time off for Dependants.
Examples of things that count as a detriment include being disciplined, not receiving a promotion, or being denied training opportunities because you took, or sought to take, Time off for Dependants.
If this happens to you, you should take the following steps:
- Raise the matter informally with your employer first by explaining your point of view and asking your employer to reconsider their decision.
- If that does not work, you might want to raise a grievance with your employer. This provides another more formal opportunity to resolve the issue. Remember to always have the time limits for bringing a claim at the back of your mind as you are going through the grievance process (see below for more information).
- If that does not work, you might want to seek legal advice about bringing an Employment Tribunal claim. Strict time limits apply – you need to bring your claim within 3 months from the date that you were refused time off, or the date that you suffered a detriment because of taking or seeking to take the time off. The Tribunal can extend that period, but only in exceptional cases where it was not reasonably practicable to bring your claim in time. If you win your case, the Tribunal will make a declaration that your employer broke the law, and you might receive compensation.
What should I do if my employer dismisses me for taking Time off for Dependants?
If your employer dismissed you and the principal reason was because you took, or sought to take, Time off for Dependants, you would have an automatic unfair dismissal claim. Unlike some other unfair dismissal claims, you do not need to have been employed for a certain length of time to bring this type of claim.
If you are dismissed because you took Time off for Dependants, you should get legal advice straight away. There are strict time limits if you want to bring a claim in the Employment Tribunal – you need to bring your claim within 3 months from the date you were dismissed, unless it is an exceptional case where it was not reasonably practicable to bring your claim in time.
If you win your unfair dismissal case, the Tribunal can order re-engagement (your employer has to re-employ you on new terms), reinstatement (your employer has to re-employ you on the same terms that you had before your dismissal), or compensation. Compensation is the most likely remedy.
Can I take time off for dependants to pick up up my niece/nephew from nursery because his/her parents were not able to?
For the purposes of Time Off for Dependants, the definition of “dependant” includes those who reasonably rely on you for assistance if they are ill or arrangements for their care. The reason why the parents of the child are not available would go towards what is reasonable and necessary in these circumstances.
In this case, the definition of “dependant” can include a niece or nephew if the purpose of the time off is to assist the niece/nephew who has fallen ill or to arrange for their care, and the niece/nephew reasonably relies on you for assistance or arrangements.
I need to take time off to attend a meeting at my child’s school. Can I take Time off for Dependants?
This would depend on the circumstances.
Normally Time off for Dependants is reserved for emergencies that are unforeseen, or a breakdown in care arrangements, which is not the case here. However, you may still be able to argue that attending a meeting to discuss your child’s special needs arrangements, which can be attended by no one other than yourself and has been arranged at short notice, counts as Time off for Dependants. The law states that you can take the time off:
- To make arrangements for the provision of care for a dependant who is ‘ill’. Illness, for this purpose, specifically includes mental illness – so you could argue that it extends to all disabilities.
- To deal with an incident which occurs unexpectedly while the child is at school – if applicable, you could argue that the reason the school asks to see you is because of a previous unexpected incident.
- Because of the unexpected disruption or termination of arrangements for the care of a dependant: You could argue that without this meeting, there would be a disruption for the care of your child.
However, if the meeting was not arranged at short notice, then you could consider using annual leave to attend the meeting or you may be entitled to take special leave under your contract of employment and it would be worth checking this with your employer. If your child is disabled, then you could also consider making a parental leave request to attend the meeting (remember that parental leave can be taken in blocks of one day if your child is disabled).
This advice applies in England, Wales and Scotland. If you live in another part of the UK, the law may differ. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.
Our helpline and online contact form is now closed as we wind down our operations. Our free legal advice pages remain available and up to date until further notice. You can find a list of trusted organisations that may be able to help you below.
| Organisation and link to website | Area of Advice | Telephone |
|---|---|---|
| Employment Rights | ||
| ACAS | Acas gives employees and employers free, impartial advice on workplace rights, rules and best practice. We also offer training and help to resolve disputes. | 0300 123 1100 |
| Citizens Advice (England & Wales) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0808 223 1133 |
| Citizens Advice (Scotland) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0800 028 1456 |
| Maternity Action | Maternity and Parental Rights at Work and Benefits for Families & NHS charges for maternity care | 0808 801 0488 |
| Pregnant Then Screwed | HR Advice Line – for questions on employment rights, flexible working, parental leave or workplace discrimination | 0300 222 5799 |
| Equality Advisory and Support Service (EASS) | The helpline advises and assists individuals on issues relating to equality and human rights, across England, Scotland and Wales. | 0808 800 0082 |
| Trade Union | If you are a union member, contact your union for support. If not, you may wish to join, but check whether support is available for existing issues. | |
| Health and Safety Executive (HSE) | Guidance on workplace health and safety rights and accepts reports of serious workplace health and safety concerns. | |
| Advicenow | Provides free legal information, guides, self-help tools and training to help people deal with legal issues and understand their rights. | |
| Protect | Provides advice and support to people raising concerns about whistleblowing | 020 3117 2520 |
| Zero Hours Justice | Offers information and support on the rights of workers on zero-hours and insecure contracts | 01904 900 151 |
| Legal Advice and Representation | ||
| Law Centres Network | Law Centres work within their communities to defend the legal rights of local people. You can use their website to find your local Law Centre. | |
| LawWorks | The LawWorks Clinics Network provides free initial advice to individuals on various areas of law including employment law, social welfare law, housing matters, consumer disputes, debt and welfare rights. | |
| Advocate | Advocate is a charity that finds free legal assistance from volunteer barristers | |
| South West London Law Centres | Provides free, independent legal advice to people who cannot afford a lawyer, including advice on employment, housing, debt, immigration issues. | 020 8767 2777 |
| Employment Tribunal Litigants in Person Support Scheme (ELIPS) | ELIPS provides pro bono assistance to unrepresented litigants. It currently covers London Central, Cardiff, Bristol, Midlands (West), Newcastle, Leeds and Manchester Employment Tribunals. | |
| Legal Aid Check your eligibility for Legal Aid online | Legal Aid funding is only available for employment cases involving discrimination. | |
| YESS Law | Employment law advice and support, including settlement agreements. Yess Law do not represent clients in Employment Tribunal Proceedings | 020 3701 7530 |
| The Free Representation Unit (FRU) | The Free Representation Unit (FRU) is a charity that provides legal advice, case preparation and advocacy in employment & social security tribunal cases if you have a hearing date at a tribunal in London and the South East and your case is referred by a referral agency | |
| Employment Tribunal Customer Contact Centre | Provides information about the Employment Tribunal process but does not offer legal advice. | 0300 123 1024 |
| Appoint a solicitor The Law Society provides information on finding a solicitor. | If you are able to afford to do this, you can instruct a solicitor who is an expert in maternity and family friendly rights. A good solicitor will give you honest advice about the strengths and weaknesses of your case, the likely costs and s/he should try to resolve your case as soon as possible and so keep the costs you have to pay to a minimum. | |
| Disability Law Service | Provide free legal advice on community care, employment, housing, discrimination, public law and welfare benefits to disabled people and their carers | 0207 791 9800 |
| Child Law Advice | Provided by Coram Children’s Legal Centre, advice for Litigants in person | |
| Rights of Women | Women’s voluntary organisation committed to informing, educating and empowering women concerning their legal rights | 020 7251 6577 |
| Benefits and Financial Support | ||
| Citizens Advice (England & Wales) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0808 223 1133 |
| Citizens Advice (Scotland) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0800 028 1456 |
| Advice Local | Your local guide to help with employment and work issues, benefits, money, housing problems and more | |
| Age UK | Provide free, confidential advice, practical support, and companionship | 0800 678 1602 |
| Carer’s UK | Provide advice on benefits, rights, and emotional and peer support. | 0808 808 7777 |
| Scope | Offers information, advice and support for disabled people and their families, including guidance on benefits, work and independent living. | 0808 800 3333 |
| NRPF Network | Provides guidance and resources on no recourse to public funds (NRPF) and support options for people affected by immigration-related benefit restrictions. | 0800 169 0283 |
| Maternity Allowance helpline (DWP) | Maternity Allowance is a government benefit for pregnant women or new mothers who do not qualify for Statutory Maternity Pay (SMP) from their employer. | |
| HMRC Statutory Payment Dispute Team | Resolves disputes about entitlement to statutory payments, including maternity, paternity, adoption, shared parental, parental bereavement and neonatal care pay. | |
| Pregnancy, Maternity and Baby Support | ||
| Maternity Action | Maternity and Parental Rights at Work and Benefits for Families & NHS charges for maternity care | 0808 801 0488 |
| Tommy’s | Provide advice and support to parents-to-be, expectant parents, and families who have experienced baby loss | 0800 0147 800 |
| Bliss | Support and information for families of premature and sick babies, including emotional support, neonatal care guidance | |
| Twins Trust | Offers support, information and peer support for families with twins, triplets and multiple births | 0800 138 0509 |
| Sands | Sands works to support anyone affected by the death of a baby | 0808 164 3332 |
| Best Start in Life | Advice and support for your child’s development | |
| Mental Health and Wellbeing | ||
| Mind | Mind empower individuals experiencing mental health problems through advice and support | 0300 102 1234 |
| Maternal Mental Health Alliance | Charity and network of 160 organisations, dedicated to ensuring women and birthing people affected by perinatal mental health problems have access to high-quality, compassionate care | |
| Pandas | Pandas offer hope, empathy and support for every parent, carer or network affected by Perinatal Mental Illness | |
| Samaritans | Provide emotional support to anyone in distress, struggling to cope, or at risk of suicide | 116 123 |
| Domestic Abuse | ||
| Women’s Aid | Offers support, information and signposting for women and children experiencing domestic abuse | |
| Support for single parent families | ||
| Gingerbread | Offers advice and information support for single parents on work, benefits, finances and family issues. | |
| One Parent Families Scotland | Provides advice and support to single parents in Scotland including benefits, money and health and wellbeing. | 0808 801 0323 |
| Disability | ||
| Contact | For families with disabled children | 0808 808 3555 |
| Carer’s support | ||
| Carer’s UK | Provide advice on benefits, rights, and emotional and peer support. | 0808 808 7777 |
| Childcare | ||
| Childcare Service Helpline | Contact HMRC if you need help applying for Tax-Free Childcare, applying for free childcare if you’re working or using your online childcare account. | 0300 123 4097 |
| Best Start | Provide information on all available childcare support | |
| Coram – Family Information Service | Provide a tool to search for contact details for your local Family Information Service who can provide advice and support on childcare in your area |
The information on the law contained on this site is provided free of charge and does not, and is not intended to, amount to legal advice to any person on a specific case or matter. If you are not a solicitor, you are advised to obtain specific legal advice about your case or matter and not to rely solely on this information. Law and guidance is changing regularly in this area.
We cannot provide advice on employment rights in Northern Ireland as the law is different. You can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.