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Time off for dependants

If you are an 'employee', you have the right to unpaid time off work to deal with emergencies involving a 'dependant' - a husband, wife, child or parent, or anyone living in your household as a member of the family. A dependant may also be anyone who reasonably relies on you for assistance. The right is not for long term care arrangements such as childcare or nursing a sick relative.

• Check if you are classed as an 'employee'
• More on the definition of a dependant from the Department for Business, Enterprise and Regulatory Reform (opens new window)
• More on the definition of a dependant in Northern Ireland from the Department for Employment and Learning (DELNI) (opens new window)

Letting your employer know about taking time off

You can take time off regardless of your length of service. If you do you should let your employer know as soon as you can, although you don't have to do it in writing or provide evidence.

How much time you're allowed to take off

You are allowed 'reasonable' time off. There's no set amount of time allowed to deal with an unexpected event involving a dependant - it will vary depending on what the event is. You're allowed to take a reasonable amount of time to deal with it and to make any arrangements that are needed.

There's no limit to the number of times you can take time off, provided it's for real emergencies. If your employer feels that you are taking more time off than they can cope with, they should warn you of this.

Keeping disruption to a minimum

Try to cause as little disruption to your employer as possible. For example, if your mother's day carer has unexpectedly quit, try to get other family members to look after her instead of you while you look for a replacement.

When the right doesn't apply

Problems not involving a dependant

You don't have the right to time off for every problem. A burst boiler at home or problems with your dog don't count as neither involves a dependant.

Time off to care for people who don't count as a dependant (accompanying a friend to hospital for example) aren't covered. Your employer can still choose to allow you time off if they wish (or you might take some of your paid holiday). If it happens regularly, it may be more useful to consider using a flexible working arrangement.

• Read more about flexible working

When you know about the problem in advance

The right also doesn't apply if you know about the event in advance. For example, if you want time off to take your child into hospital in a week's time the right doesn't apply.However, if your child is under the age of five (or 18 if he/she is disabled), you may be able to take it as parental leave instead. You'll need a year's employment with your current employer to be eligible for parental leave.

• More about parental leave
• Read about parental rights and responsibilities
• Find out about caring for a disabled child

Being paid for time off for dependants

Your employer doesn't have to pay you for time off for dependants but they may choose to do so. You can check your contract of employment to see if there's a policy about this.

• Your contract of employment - find out more

Compassionate leave

If you need time off to cope with a situation that doesn't fall under the 'time off for dependants' right, you may have a right to time off under your contract of employment. Many employers will have a scheme for compassionate leave and details should be included in your contract or company handbook. If the situation is not covered by any scheme then you can still ask your employer for the time off, although they do not have to agree to your request.

• Your contract of employment - find out more

What if your employer is unsympathetic?

It's unfair to refuse you reasonable time off to deal with an unexpected event involving a dependant. It's also unfair to dismiss or penalise you (eg not giving you promotion or training or the use of facilities you'd normally be offered).

If you're dismissed, made redundant or penalised because of the right, or if you're refused time off, you can complain to an Employment Tribunal. If your complaint is successful they may make an order for you to receive compensation, be re-employed or re-instated.

• Read guidance on resolving a problem at work

What to do next

Check your contract, written statement of employment or company handbook for details of the policy on time off for dependants and compassionate leave.

If you'll need to be off for longer than you thought to deal with something, contact your employer as soon as you can to let them know why and how long you might need. Try to give them these details in writing as soon as you can. Your employer may have a form they'll need you to fill in.

If you're unhappy about your employer's response to you needing time off, you can tell them so informally or make a complaint under the grievance procedure in your employment contract.

• Read guidance on resolving a problem at work
• Find out about your contract of employment

Where to get help

The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on all employment rights issues. You can call the Acas helpline on 08457 47 47 47 from 8.00 am to 6.00 pm Monday to Friday.

• Acas (opens in a new window) (opens new window)

The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland. You can contact the LRA on 028 9032 1442 from 9.00 am to 5.00 pm Monday to Friday

• Labour Relations Agency (opens new window)

Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.

• Find your local Citizens Advice Bureau (opens new window)

If you are a member of a trade union, you will also be able to get advice and support from them.

• More about trade unions

More useful links

• Guidance on time off for dependants from the Department for Business, Enterprise and Regulatory Reform (BERR) (opens new window)
• Guidance on time off for dependants in Northern Ireland from the Department for Employment and Learning (DELNI) (opens new window)
• Find out about maternity leave
• Read more about parenting issues (opens new window)
• Get advice on childcare support from Surestart (opens new window)
• Advice for employers on time off for dependants from Business Link (opens new window)
• Advice for employers in Northern Ireland on time off for dependants from nibusinessinfo (opens new window)