FAQ on time off for dependents (emergency family leave)

Learn about your rights to time off from work for family and emergencies.

What is dependency leave?
Time off for dependents or dependency leave gives you the right to reasonable time off work to deal with an emergency involving a dependent. It also states that you cannot be dismissed or victimised for taking this time off. Dependency leave is open to you no matter how long you have been with your employer.

Is dependency leave paid?
Employers do not have to pay you for emergency time off for dependents. However, some employers do. If you’re not sure what your employer’s policy is, check your contract or speak to the personnel or human resources department to see where you stand.

Who are classed as my dependents?
Your dependents are people who rely on you for assistance such as your partner, parent or child. In some cases this can also include an elderly neighbour who has no one else to support them.

When can I take time off?
You have the right to take time off to deal with unexpected problems and to make any necessary arrangements for the future, for example:

  • If your dependent falls ill or has had an accident or has been assaulted. Your dependent does not have to have been physically injured; this right also applies if they have been involved in a situation that has caused them hurt or distress
  • When your partner is having a baby
  • When you have to deal with an unexpected hiccup in your normal care arrangements, for example, if your child-minder or nurse doesn’t turn up when expected
  • When you have to deal with an incident that involves your child during school time, for example, if your child has been involved in a fight or is being suspended from school
  • If you need to make longer-term arrangements for a dependent who is ill or injured
  • If you have to deal with the death of a dependent, for example, to make funeral arrangements or to attend a funeral

How much time off can I take?
No limit to the amount of Dependency Leave has been set. Usually, it will be one or two days, but it will vary according to your particular needs. If you have to take more than a couple of days off, you might be able to use part of your annual leave or to take parental leave.

How much notice must I give my employer?
Since this right to time off is meant to help you cope with unpredictable events, you obviously cannot give your employer advance warning, but you do need to tell your employer about your absence as soon as you can, explain the reason for it, and say how long you expect to be off work.

What can I do if my employer refuses time off unreasonably?
If you think this has happened, or that you are being victimised for taking time off in these circumstances, you can make a complaint to an employment tribunal. Usually you must make your complaint within three months of the refusal or being victimised (it’s useful to get the employer’s refusal in writing and/or to keep a note of any victimisation). If the tribunal agrees with your argument, it may ask your employer to pay you compensation.

Further information

  • New Ways to Work, 22 Northumberland Avenue, London WC2 5AP has a most useful factsheet Time Off for Dependants and Parental Leave (£2 inc p&p)
  • The Equal Opportunities Commission, Overseas House, Quay Street, Manchester M3 3HN (0161 833 9244; fax: 835 1657) has a briefing paper on Parental and Dependency Leave. For equality issues in Northern Ireland check out the Equality Commission for Northern Ireland
  • IPPR/ Parental Leave Campaign, 30-32 Southampton Street, London WC2E 7RA (020 7476 6100) publishes Time Off with Children: Paying for Parental Leave (£4.95)
  • The Maternity Alliance, 45 Beech Street, London EC2P 2LX (020 7588 8582; fax:7588 8584; email) has useful factsheets: Parental Leave (£1 with sae); Pregnant at Work, 2000 (£1.50 with sae). The Parental Campaign is based at the Beech Street Address
  • The Trades Union Congress (TUC)
  • The Department of Trade and Industry (DTI) publishes booklets and leaflets which are also available on its website under the heading Regulatory Guidance. They can be obtained free from Employment Service Jobcentres or from the DTI Order line (tel: 0870 1502 500). Or you can order them by post from DTI Publications Order line, ADMAIL 528, London SW1W 8YT. Time Off for Dependants: A Short Guide, DTI (Ref: URN 99/1187; Parental Leave: A Short Guide, (Ref: URN 99/1192); Maternity Rights: A Short Guide, DTI (Ref: URN 99/1190); Maternity Rights, DTI (Ref: URN 98/812 (detailed guidance on previous maternity rights)
  • The Maternity and Parental Leave Regulations 1999, published by the Stationery Office (0870 600 5522)
  • The Department of Trade and Industry (DTI) Parental Leave Enquiry Line: 020 7215 6207