What Is Time Off For Dependents?
Time off for dependents is a statutory day one right that employees have to take a reasonable amount of time off work to deal with an unforeseen situation which affects their dependents. This right is set out in section 57A of the Employment Rights Act.
The Act sets out some specific criteria relating to the circumstances in which an employee is permitted to take this time off which are:
(a) to provide assistance on an occasion when a dependant falls ill, gives birth or is injured or assaulted,
(b) to make arrangements for the provision of care for a dependant who is ill or injured,
(c) in consequence of the death of a dependant,
(d) because of the unexpected disruption or termination of arrangements for the care of a dependant, or
(e) to deal with an incident which involves a child of the employee and which occurs unexpectedly in a period during which an educational establishment which the child attends is responsible for him/her.
As you would expect in any situation related to employee absence the employee must contact their employer to inform them of their absence and if the situation does not fit into one of the five prescribed categories the employee does not have the legal right to time off. That said the employer may still grant leave at their discretion and should stipulate what type of leave that is and if it is paid or unpaid.
Who Is Classed As A Dependent?
The relevant legislation is also helpful to understand who is classed as a dependent in these circumstances. A dependent for these purposes 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 (but is not a tenant or lodger). In addition, it also includes someone who reasonably relies on the employee for assistance when they fall ill or are injured or someone who relies on the employee to make arrangements for the provision of care.
Is Time Off For Dependents Paid?
There is no statutory right to pay when an employee takes time off to deal with a relevant situation relating to one of their dependents. Some employers though may include different terms and conditions in their contracts or policies which offer paid time off for a fixed number of days of time off for dependents and this is usually administered over a rolling 12 month period. Likewise, some employers may give paid time off at their discretion, this can cause issues though if employees are treated differently in similar circumstances so it is essential that a consistent approach is adopted to avoid grievances and potentially even claims of discrimination.
How Much Time Off Can Be Taken For Dependents?
The relevant legislation does not provide a specific number of days for individual issues on either a one off basis or as an annual amount but instead guides employers to consider what is “necessary” and “reasonable” in the circumstances. It is important therefore that employers and employees discuss what has happened so that there is an understanding of how severe the situation is, if the employee is the only person who can help, what other arrangements could be made and if there is any indication of how long it may take to resolve the matter. Through open and honest dialogue a plan can be put in place and if necessary agreement can be reached on additional leave such as unpaid leave, annual leave or parental leave.
What Else Do I Need To Know?
If an employee takes, or wants to take, time off for dependents then this cannot be used against them as long as their reasons are legitimate and reasonable. Employers must be careful and must not use this as a reason to discipline or dismiss an employee, to deny them training and development, to refuse promotion, or to select the employee for redundancy.
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Why not also check out our blog on a similar topic Dependants – What Does Your Policy Say?
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