As the cold and flu season is well and truly underway, its important for employers to bear in mind that employees don’t have to be ill themselves to have time off. All employees, regardless of their length of service, have the right to take time off, unpaid, to deal with an emergency involving a dependant. This should not be confused with parental leave.
Who is a dependant?
An employer must be aware that a dependant doesn’t necessarily have to be a child, it can be a husband, wife, partner, anyone living in the same household as a member of the family or someone who reasonably relies on you for help in an emergency, such as an elderly neighbour living alone.
What is an emergency?
An employee will not be able to take time off to deal with a broken boiler but equally an emergency doesn’t mean that there has to be a serious or life threatening incident. It can be for example where a dependant falls ill, where a nursery or school is closed due to bad weather, or where a dependant has been suddenly injured or dies.
How long and how often can they have off?
There is no limit to the number of times an employee can take off but you can of course monitor things and so your policies should be clear and consistent. You must allow a reasonable amount of time to deal with the emergency. The time off may vary depending on what has happened, although 1-2 days would normally be sufficient but a common sense approach is always best.
Although the right to time off is unpaid, an employer should use their discretion to pay an employee particularly where employees can work flexibly from home.
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