Time off for employees
Employees are entitled to reasonable unpaid time off to look after dependants in an emergency situation or to deal with certain events, such as a funeral. This section details who is entitled to time off, what the entitlement is (and is not) and the circumstances in which it applies.
What is the right to time off?
Employees have the right to reasonable time off during working hours to take action which is necessary:
- when a dependant is injured or assaulted;
- to make provision for the care of a dependant who is ill;
- to deal with the consequences of the death of a dependant;
- to make provision because of the unexpected disruption or termination of arrangements for the care of a dependant;
- to deal with an incident which involves the child of the employee and which occurs unexpectedly in a period during which an educational establishment which the child attends is responsible for him.
There is no qualifying period for this right.
Who is a dependant?
A “dependant” means, in relation to the employee:
- A spouse;
- A civil partner;
- A child;
- A parent;
- A person who lives in the same household as the employee, otherwise than by reason of being his employee, tenant, lodger or boarder.
In addition to these classes of person, in respect of the need to take action or make arrangements due to illness, birth, injury or assault, the definition of dependant is expanded to include any person who reasonably relies on the employee. For the purposes of the unexpected disruption or termination of arrangements for the care of a dependant, the definition of dependant includes a person who reasonably relies on the employee to make such arrangements.
What is included in the definition?
Illness or injury includes mental illness or injury.
Do I have to pay my employee?
There is no legal obligation for you to pay for this time off unless you wish to have a policy which states otherwise.
What notice should an employee give me?
The Act does not say what notice should be given to an employer, merely that an employee should tell an employer the reason for the absence as soon as reasonably practicable and inform him of the expected date of return. If an employee fails to comply with this provision he will lose the right to time off unless he is unable to comply with the provision until his return.
What if I refuse to give an employee time off?
There is a right of complaint to an Employment Tribunal that the employer has unreasonably refused to permit the employee to exercise his right to time off. The remedy for this is compensation, which will be just and equitable, having regard to the employer’s default and the loss sustained by the employee. There is nothing in the Act which gives guidance as to how much time is reasonable, and Tribunals will have to exercise discretion based on the facts of each particular case.
How much time off can an employee take?
There is no period specified in the legislation, as it will vary depending on what the circumstances are. The leave should be long enough to cope with the situation that has arisen.
In most cases, one or two days will generally be sufficient to deal with the problem, e.g. long enough to deal with the immediate care of a sick child and make longer term arrangements. BIS guidance states that it would be unreasonable for an employee to take two weeks leave to look after a sick child.
In the event of a dispute of what is reasonable, an employee could use your grievance procedures but otherwise it will be for an Employment Tribunal to determine what would be a reasonable period in the circumstances.
This right is there to cover genuine emergencies and so there is no limit to the number of times that an employee can take time off work for this right.
What else should I be aware of?
Employees also have the right not to suffer a detriment, by any act or deliberate failure to act, for reasons relating to pregnancy, childbirth or maternity; ordinary, compulsory or additional maternity leave; parental leave or time off for dependants.
An employee who is dismissed shall be regarded as unfairly dismissed if the reason or principal reason for the dismissal is of a prescribed kind or the dismissal relates to:
- pregnancy;
- Childbirth or maternity;
- Ordinary, compulsory or additional maternity leave;
- Parental leave or time off for dependants;
- Refusal to sign a workforce agreement or election as an employee representative in relation to maternity or parental leave.
There is no qualifying period for an employee to be eligible to claim unfair dismissal in any of these circumstances, nor is there an upper age limit beyond which a claim is prohibited.
Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full terms and conditions on our website.