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As an employer, there will be times when your employees need to take time off work to care for their dependents. You may be less clear about what your obligations are in this respect. For instance, are they entitled to a separate entitlement to care for their family? Generally, your employees have a legal right to take time away from work to help certain dependents where the dependent suffers an unexpected disruption or emergency. The right to take time off only exists where the length of absence is reasonable, and the reason is necessary. You may hear this referred to as compassionate leave. This right exists regardless of the length of your employee’s service. Thus, even if they do not have two full years of service, they are entitled to care for dependents under certain circumstances. This article will explain five things that you as an employer need to know about staff taking time off to care for dependants in England.
Understanding the Definition of a Dependant
To understand the rules about your employee’s legal right to take time off work when an unexpected event occurs to help a dependant, you need to understand what a dependant is. The law may consider the following relations dependents:
| Spouse | A spouse includes a civil partner. |
| Child | This includes children of your employee’s spouse who are not the employee’s biological children. |
| Grandchild | This includes grandchildren of your employee’s spouse, but only if they live with your employee. |
| Parent | This can include step-parents |
| Certain individuals living with you | These can be other family or close relations such as nephews, nieces, cousins, etc., provided they live with your employee. |
| Vulnerable relations that rely upon you | These individuals must solely rely on your employee for care — for instance, an elderly neighbour living by themselves that falls and breaks a leg. |
Compassionate care is distinct from parental leave.
Reasonable and Necessary
These are two related conditions that the employee must satisfy. An employee is entitled to take reasonable time off where it is necessary to do so. The law specifies circumstances that permit an employee to take compassionate care, including:
- to provide assistance if their dependent falls ill, gives birth, is injured, or assaulted;
- to make care arrangements for an ill or injured dependent;
- where the dependent has died (note this may be distinct from bereavement);
- to sort out unexpected disruptions to the care of the dependent;
- where the dependent is the employee’s child, to respond to an unexpected incident at the child’s school.
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Unexpected Event
An employee has the right to take time off from work to care for a dependent following an unexpected event. Therefore, you may want to fully appreciate what the law considers an unexpected event.
The event which results in the dependent needing care must be unexpected. This includes sudden illness or injury. It also includes where a dependant’s usual caregiver, such as a child’s nanny, is unable to care for the dependent.
Paying a Worker When Taking Time Off for a Dependant
As an employee, you must allow your staff to take time off work to care for dependents. That said, you are not required to pay them for this time.
Your business can choose whether it will provide payment to staff when taking time off work to care for a dependant in an unexpected event. If you choose to do so, it is suitable to outline the details in your workplace policies or staff employment contracts. You may, for example, have a policy about absence from work that details expectations and employee entitlements for compassionate care.
Situations Which Do Not Qualify for Time Off for Dependants
It is helpful to be aware of some irrelevant situations regarding your employee’s legal right to time off to help a dependant in an emergency. An unexpected event or emergency is an event your employee was unaware of. An example of a situation the law is unlikely to consider unexpected is a prearranged medical appointment for an employee’s child.
Key Takeaways
Your employees have certain legal rights that allow them to take time off work to care for their dependents under specific circumstances. The law must recognise the dependents as such and only in specific circumstances, such as a dependent falling ill or dying. As an employer, you must respect these rights. Otherwise, an employee may make a claim against you.
If you need help understanding taking time off for dependants in England, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. So call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
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