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Holidays and Hours

Time Off For Dependants

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DTI Working Time Guidance

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Part-time workers Regulations

Government Regulations permit employees to take reasonable time off to deal with certain unexpected or sudden emergencies and to make any necessary longer-term arrangements for dependants.  Dependants are the partner, child or someone living in the same household as an employee such as a grand parent (but not lodgers).  They also may include such dependant close-relations  who live nearby. This right applies to all employees from their first day of work.

 

These Regulations apply where existing care arrangements have broken down or an emergency occurs.  They do not give employees the right to take time off for long term care. Typical examples are where the dependant of an employee has been injured or become ill.  Illness is widely interpreted.  For example it includes mental illness, deterioration of an existing illness, assisting a dependant to have a baby (but not to care for a child), anxiety.  In addition it includes time off to make funeral arrangements for a dependant, to deal with a breakdown in care arrangements, or to deal with a serious incident involving a child at school.

 

The employee is also entitled to take time off to make long-term care arrangements for example employing a temporary carer or taking a sick child to stay with relatives.

 

Employees are only entitled to take time off to deal with an unforeseen genuine emergency. For example if a child has chickenpox, taking them to the doctor and initial nursing but not caring for them for the next two weeks whilst they are sick.  But see also the page on parental leave indexed opposite.

 

There is no statutory obligation upon employers to pay employees whilst they take time off.  But a right to payment may exist within the contract of employment or by custom and practice - if its done for one person then this can set a contractual precedent.

 

Our advice to employers is to be reasonable when an employee faces an unexpected emergency but also to be consistent.  If leave/ payment is allowed for one person this can create a contractual right or leave the employer open to a discrimination claim.