Dependant leave is a statutory right for employees under the Employment Rights Act 1996. The law entitles all employees to take time off during working hours to support or care for dependants in a variety of emergency situations. A “dependant” is defined as one of the following:
- A spouse.
- A child.
- A parent.
- Partners or elderly relatives living with the family.
- Someone who lives in the same household (but is not an employee, tenant, lodger or boarder).
- Anyone who relies on you either for care or to make care arrangements in the event of an emergency.
The circumstances in which an employee can take dependant leave are:
- To provide assistance if a dependant becomes ill, gives birth or is injured or assaulted.
- To make arrangements following the death of a dependant.
- To deal with care arrangement disruptions, for example if a childminder fails to arrive.
- To deal with any emergencies that may arise when a dependant child is at school or on a school trip.
The employer must be notified about any dependant leave taken as soon as is practically possible. The amount of time off that can be taken under dependant leave is not expressly stated in the legislation: the law simply stipulates that the employee should be allowed sufficient time to deal with the immediate emergency.
Dependant leave is unpaid, unless specified otherwise in the employee’s contract. If an employer unreasonably refuses to grant an employee dependant leave, the employee can complain to an Employment Tribunal within 3 months of the event. Unlike many other employment rights, there is no qualifying period for dependant leave, which means that it is available to all workers from day one of their employment.
If you feel that you have been unfairly denied dependant leave, or if you’re an employer who wishes to clarify their position on this or any other point of employment law, Ashby Cohen can help. As specialist employment law solicitors with many years of experience working for both employers and employees, Ashby Cohen are ideally suited to help you with any work-related issues you might face. Contact us today for a free initial telephone conversation to discuss your individual circumstances.
