Stuart Markless answers your questions on the law relating to time off for dependants.
Q: My employee is taking time off when her childcare arrangements break down. Is she entitled to?
SM: All employees have the statutory right to reasonable time off for emergencies involving dependants, for example:
- Spouse
- Partner
- Child
- Parent
- Someone living with them other than a lodger
- Someone who reasonably relies on the employee for care, for example an elderly neighbour
The right only arises in specific circumstances, including when:
- The employee faces an unforeseen disruption in care arrangements - the case in this instance.
- The dependant falls ill, is injured or assaulted, or is having a baby.
- The employee is making longer term care arrangements.
- The employee is dealing with the death of a dependant.
- The employee faces an unexpected incident involving their child during school hours.
Q: Often she lets me know very late. Do I have to pay her when she is not at work?
SM: Your employee is permitted to take the time needed to cope with the situation. But she is obliged to let you know as soon as reasonably practicable what is happening and how long she will be away. The statutory right does not entitle the employee to be paid. Unless the issue is covered in your contract of employment, you can decide whether to pay her.
Q: It seems to be happening regularly and I am suspicious. What can I do?
SM: There is no limit on the number of times an employee can exercise these rights. But if you think she is abusing the right, deal with the situation using your disciplinary procedure. Be aware that the law protects employees from being treated unfairly because they have exercised their right. For instance, they could bring an Employment Tribunal claim on the grounds they have:
- Been unreasonably refused time off.
- Suffered a detriment for taking or seeking time off.
- Been dismissed for taking or asking for time off.
To prevent ambiguities arising in the future, adopt and publicise a clear policy setting out:
- Precise circumstances in which employees may take time off to care for dependants.
- Evidence and notification required.
- Penalties for abusing the right or failing to follow the notification procedures.
This article was published in The Argus January 2009
The information in this article is provided as general guidance only. The law in this area is regularly subject to change, challenge and update. You should always check the up-to-date position and if appropriate seek further specialist advice.
