Can I take time off work in a family emergency?

A day-one right to reasonable unpaid time off to deal with an unexpected problem involving a dependant. What counts as an emergency, how much is reasonable, and how it differs from carer's leave.

Difficulty: beginner
Time: 8 min
Read: 4 min

Short answer

Every employee has a day-one right to reasonable unpaid time off to deal with an emergency involving a dependant — illness, injury, a breakdown in care arrangements, a death, or an incident at a child's school. It is for dealing with the immediate problem and making arrangements, not for providing the care yourself long term. There is no set number of days; what is reasonable depends on the situation.

This right is old, short and widely misunderstood. Its purpose is to let you deal with something unforeseen and put arrangements in place — not to be the arrangement. A day or two to sort out care for a parent taken into hospital is squarely within it; a fortnight nursing them at home is not, and that is where carer's leave, parental leave or annual leave come in.

Step by step

Check the person is a dependant.A spouse or civil partner, partner, child, parent, someone living in your household other than a tenant, lodger or employee, or someone who reasonably relies on you for help in an emergency or for arranging care.
Check the situation is unexpected.The right covers a dependant falling ill, being injured or assaulted, giving birth, dying, a breakdown in care arrangements, and an unexpected incident at a child's school. A known appointment booked weeks ahead is not an emergency.
Tell your employer as soon as you can.Explain the reason and how long you expect to be away. Telling them as soon as reasonably practicable is part of the right; there is no advance notice requirement because the point is that it was unforeseen.
Take what is reasonable, not what is convenient.There is no statutory number of days. One or two days is typical for arranging cover; a longer absence needs a different route. Reasonableness is judged on the circumstances, not on a policy figure.
Move on to a different right if it continues.Carer's leave for a dependant with a long-term care need in Great Britain, unpaid parental leave for a child under 18, annual leave, or agreed unpaid leave. Do not simply keep taking dependants leave for an ongoing situation.
Expect it to be unpaid unless the policy says otherwise.There is no statutory right to be paid for it. Many employers pay a small number of days as a matter of policy — check your handbook.
Know it applies across the UK.Unlike carer's leave, time off for dependants applies in Northern Ireland as well, under the equivalent Northern Ireland provision.

Tips

Say the words 'time off for dependants' when you ring in. It makes clear which right you are using and how the absence should be recorded.
Follow up with a short email confirming the reason and the dates. It is the record if the absence is later questioned.
If the same emergency keeps happening, it is not an emergency any more — ask for a flexible working change instead.

Common mistakes

Assuming it is paid — There is no statutory right to pay. Check the policy before planning around the money.
Using it for a planned appointment — It covers the unexpected. A hospital appointment booked in advance is annual leave, carer's leave, or a flexible working arrangement.

If it doesn't work

Your employer treats it as unauthorised absence

Cause: They may not recognise the statutory right — Fix: Put the reason in writing with the dates, referring to the statutory right to time off for dependants. Contact Acas if it is recorded as unauthorised or triggers a disciplinary process.

It is being counted against your sickness record

Cause: Absence recorded under the wrong category — Fix: Ask in writing for it to be recorded correctly. Absence for dependants should not sit in a sickness absence trigger system, and counting it there can be a detriment.

The situation is not a one-off

Cause: This right is for unforeseen events only — Fix: Move to carer's leave, unpaid parental leave, a flexible working request or agreed unpaid leave. Ask for a conversation about the pattern rather than repeating emergency requests.

Questions people ask

How many days can I take?

There is no number in the legislation. It is whatever is reasonable to deal with the emergency and make arrangements. Employers who set a fixed cap in a policy are describing their practice, not the law.

Can I use it to look after a sick child at home?

For the first day or two while you arrange cover, yes. For continuing care it is the wrong right — look at unpaid parental leave, carer's leave in Great Britain, or annual leave.

Can I be disciplined for taking it?

No. Dismissal or detriment for taking or seeking to take time off for dependants is unlawful, and dismissal for that reason is automatically unfair. Speak to Acas if it happens.

Does it cover a funeral?

It covers dealing with the death of a dependant, including making arrangements and attending the funeral. Bereavement of a child under 18 has its own separate two-week right.