Your employees are legally entitled to take time off for dependants

Your employees are legally entitled to take time off for dependants. Read on to discover how much and what you need to be aware of as their employer.

When can employees have time off for dependants?

1. When a dependant falls ill, gives birth, is injured or assaulted.
2. To make arrangements for the provision of care of a dependant who is ill or injured
3. In consequence of death of a dependant
4. Because of disruption or termination of arrangements for the care of a dependant
5. To deal with an incident which involves the employees child which occurs unexpectedly in a period during in which an educational establishment is responsible for the child.

Who are dependants?

Dependant in this case means a spouse, civil partner, child or parent of the child. It can also mean in certain circumstances a person who relies upon the employee should they fall ill.

What processes are involved?

The employee must inform the employee as soon as reasonably practicable for the reason for the absence and how long they will be absent for. The employer cannot refuse the request on the basis that there will be disruption as a result of the absence.

What are the legal rights of the employee?

If an employee is dismissed for reasons relating to taking time off under this Section then he or she will be automatically unfairly dismissed. If leave is merely refused, the employee can pursue a claim for compensation to an employment tribunal.

Does the leave have to be paid or unpaid?

Leave does not have to be paid although an employer may choose to make such leave paid. It depends upon the contract of employment or staff handbook. It also depends upon how much time is involved. After all, it would appear to be very harsh to reduce an employee's pay by half an hour if there is a good reason for them attending work late.

What's the good news? 

This area of law is very much open to interpretation. However, it is generally aimed at dealing with unexpected events. If, for example, a parent is given notice of a teachers strike that will take place in four weeks time, it is doubtful that the parent could rely upon this Section as the parent will have had the opportunity to explore alternative arrangements.

The aim of the Section is not for the parent to take off an indefinite amount of time. It is aimed at them making alternative suitable arrangements for care and then returning to work thereafter. This could for example mean taking an hour off of work to take a child to a grandparent's house.

If an employer is met with such a request they should look at the reason for the request and how long the employee will be absent for. It is important that the employee is made aware of the fact that there is an onus upon them to make alternative arrangements rather than merely staying with a child who is ill or who attends a school that is closed.

What is the Act that enables employees to take time off for dependants?

This article gives our interpretation on time off for dependants which exists under Section 57A Employment Rights Act 1996. You may need to consult in more details depending upon your specific circumstances.

As with any HR issue, this matter needs to be dealt with carefully and methodically and never in haste. If in any doubt then the employer should seek legal advice. Contact us for further advice on this issue on 01582 439795 or click here for details of our cost effective HR package that protects employers against claims and provides effective legal advice when needed.

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