Time off for dependants

The right to take unpaid time off at short notice to deal with a sudden family emergency — a day-one right with no minimum length of service, and automatic unfair dismissal protection if your employer penalises you for using it.

Is time off for dependants paid?

No. The statutory right is to a reasonable amount of unpaid time off. Some employers choose to pay for this time as a matter of their own policy or contract, but there is no statutory obligation on them to do so.

How much time off am I entitled to take?

The right is to a reasonable amount of time off to deal with the immediate emergency — there is no fixed number of days set by the statute. In practice this is usually understood to mean enough time to deal with the immediate situation, such as arranging alternative care, rather than an extended period covering the whole time a dependant is unwell.

Who counts as a dependant for this right?

A spouse, civil partner, child, parent, or someone who lives in the same household as you other than purely as an employee, tenant, lodger, or boarder. In some circumstances it can also cover someone who reasonably relies on you for assistance, even if they do not fall into one of those specific categories.

Do I have to tell my employer in advance?

You must tell your employer the reason for your absence as soon as reasonably practicable, and give an indication of how long you expect to be away — but you do not need to give advance notice before taking the time off, since the right exists precisely for situations that could not reasonably have been anticipated.

Can I be dismissed or treated unfairly for taking this time off?

No. Dismissing someone, or selecting them for redundancy, because they took or sought to take time off for dependants is automatically unfair dismissal, regardless of their length of service. Subjecting someone to any other detriment for exercising this right is also unlawful.

Is this the same as the separate Carer's Leave entitlement?

No, though the two can overlap in practice. Time off for dependants is aimed at sudden, unexpected emergencies and is meant to be short. Carer's Leave is a separate, planned entitlement — up to one week of unpaid leave a year — for people with a longer-term caring responsibility for someone with a long-term care need. Check which right fits your situation, since the notice requirements and purpose of each are different.

When the right applies

Section 57A sets out the specific circumstances this right covers: a dependant falling ill, being injured, or being assaulted; a dependant giving birth; making arrangements for the care of a dependant who is ill or injured; dealing with the death of a dependant; dealing with an unexpected disruption or termination of existing care arrangements for a dependant; or an unexpected incident involving your child during school hours. The common thread is unpredictability — the right is built around genuine emergencies, not planned or recurring care needs, which are covered instead by separate entitlements such as Carer's Leave.

A dependant, for this purpose, means a spouse, civil partner, child, or parent, or someone who lives in your household other than purely as an employee, tenant, lodger, or boarder. In certain circumstances — for example, dealing with an illness or injury, or making care arrangements — the definition can also extend to someone who reasonably relies on you for assistance, even outside those core relationships.

A day-one right, with a reasonableness test rather than a fixed limit

There is no minimum length of service required — this is a day-one right available to every employee from the moment they start work. There is also no fixed number of days or hours set out in the statute. Instead, the test is whether the time taken off was reasonable in the circumstances, which generally means enough time to deal with the immediate emergency itself — for example, getting a sick child to a doctor and arranging alternative care — rather than an extended period covering their full recovery or ongoing care needs.

You must tell your employer the reason for your absence as soon as reasonably practicable, and, unless it was not reasonably practicable to do so until you returned to work, give an indication of how long you expect to be away. Because the right is designed around sudden emergencies, there is no requirement to give advance notice before the time off is taken.

What happens if your employer refuses, or penalises you

If your employer unreasonably refuses to let you take time off that genuinely falls within section 57A, you can complain to an employment tribunal. Separately, and more seriously for an employer, dismissing you, or selecting you for redundancy, because you took or sought to take this time off is automatically unfair dismissal under section 99 — a protection that applies regardless of how long you have worked there, unlike ordinary unfair dismissal claims. Subjecting you to any other disadvantage for exercising the right, short of dismissal, is also unlawful.

An employee's childminder calls at 8am to say she cannot look after their child that day because of a sudden illness of her own. The employee has no other childcare arranged. They call their manager, explain the situation, and say they expect to need the day to arrange alternative care, then return to work as normal the next day.

Unexpected breakdown in care arrangements

As soon as reasonably practicable, same morning

Falls within section 57A?

The employer has no right to refuse this time off, and cannot lawfully discipline, dismiss, or otherwise penalise the employee for taking it, even though the day is unpaid unless the employer's own policy says otherwise.

Automatic unfair dismissal

Continuous employment

Flexible working request

Employment Rights Act 1996, section 57A

Employment Rights Act 1996, section 57B

Employment Rights Act 1996, section 99

Time Off for Dependants — Employment Tribunal Glossary

What the right to time off for dependants covers, who counts as a dependant, and what happens if your employer refuses it or penalises you for using it.