Time off for dependants: the rules for UK employers.

Section 57A of the Employment Rights Act 1996 gives an employee the right to a reasonable amount of time off during working hours to take action that’s necessary because of an emergency involving a dependant. GOV.UK says to check someone’s employment status to see whether they count as an employee.

• A spouse or civil partner.
• A child.
• A parent.
• Someone who lives in the same household, other than as their employee, tenant, lodger or boarder.
• Anyone who reasonably relies on them for help if they fall ill or are injured or assaulted, or to arrange care. Acas gives an elderly neighbour as an example.

The law lists five reasons:

• A dependant falls ill, gives birth, or is injured or assaulted. Illness includes mental illness, and it needn’t be life-threatening.
• Arranging care for a dependant who is ill or injured.
• A dependant’s death.
• Care arrangements break down unexpectedly, such as a childminder who doesn’t turn up or a nursery that closes without warning.
• An unexpected incident involving their child at school, such as a fight, an injury on a school trip, or a suspension.

It doesn’t cover something they knew about beforehand, such as taking a child to a planned hospital appointment. GOV.UK says it can’t be used after a birth to care for the baby, unless it’s an emergency.

• A reasonable amount. There’s no set amount of time, as it depends on the situation. Acas says employers should be as flexible as they can.
• No limit on how often. The law sets no limit on the number of times. If you think it’s affecting someone’s work, you can talk to them about it.
• Longer care. Where someone needs more time, you may suggest annual leave or parental leave.
• Pay. You don’t have to pay for it, though you may. Say which in your contracts or policy.

Acas lists other leave someone may use instead, depending on the situation and your policy: holiday, sick leave, carer’s leave, or leave you offer yourself, such as compassionate or unpaid special leave.

The right applies only if the employee tells you the reason for their absence as soon as reasonably practicable, and how long they expect to be away. Where they can only tell you after they’ve come back, they need only give the reason.

GOV.UK says it doesn’t have to be in writing, and they don’t have to give you proof. If an emergency means they leave work before they can tell you, they should tell you as soon as they can afterwards.

Acas suggests employees tell their employer before work is due to start where they can, and say the absence is covered by the legal right to time off for dependants.

• Don’t refuse reasonable time off.
• Don’t treat them worse for taking it, such as by refusing them training or promotion.
• Don’t dismiss them or pick them for redundancy because they asked for or took the time off. Acas says that dismissal is automatically unfair, and no minimum length of service is needed to claim.

If an employee feels they’ve been treated unfairly, Acas suggests raising it informally first, then as a formal grievance, and they may be able to make a claim to an employment tribunal. Your own leave, such as compassionate leave, can also cover someone who isn’t a dependant, or be more generous. Our guide to bereavement leave covers time off after a death.