Time off for Dependents is defined as the right that permits employees to take reasonable amounts of time off work to deal with unexpected or sudden emergencies and to make any necessary longer-term arrangements. The ’emergency’ must involve a ‘dependent’ of the employee. As any required time off for dependents will be for short periods, all terms and conditions of employment will continue to apply. Members of the Local Government Pension Scheme should seek advice from SCC Pensions in respect of a period of Time Off for Dependents leave.
Who is a ‘dependent’?
A ‘dependent’ is the husband, wife, child or parent of the employee. It also includes someone who lives in the same household as the employee such as partner, elderly aunt or grandparent. In cases of illness or injury, or where care arrangements break down, a dependent may also be someone who ‘reasonably relies on the employee’ for assistance and ‘arrangements for the provision of care’. This may be where the employee is the primary carer or is the only person who can help in an emergency.
What kind of circumstance constitutes an ’emergency’?
• If a dependent falls ill;
• If a dependent has been injured or assaulted;
• To make longer-term care arrangements for a dependent;
• To deal with a death of a dependent;
• Time off if a dependent dies and you need to make funeral arrangements or attend the funeral;
• To deal with an unexpected disruption or breakdown of care arrangements for a dependent;
• To deal with an unexpected incident involving the employee’s child during school hours;
• If a dependent goes into labour.
At the managers’ discretion, it may be appropriate for some of these circumstances to be supported through the Compassionate Leave arrangements initially.
Who is entitled to Time off for Dependents?
Every employee is entitled to take time off for dependents, regardless of working hours. There is no qualifying period of service required order to be entitled to take time off in an emergency. Employees are entitled to this right from their first day of work and there is no limit on the number of times an employee can be absent from work under this right.
How much time can be taken?
The employee is entitled to take a reasonable amount of time off as appropriate to the circumstances. It is intended to cover genuine emergencies. The amount of time that is considered reasonable will vary according to the circumstances of the emergency but it is likely that one or two days will be sufficient for the employee to deal with their particular emergency. The employee would not be entitled to take two weeks’ leave to look after a sick child as this provision is intended to help the employee to cope with a crisis – to deal with the immediate care of the child, visit the doctor if necessary, and to make longer-term care arrangements.
Will time off be paid?
There is no statutory right to be paid for time off for dependents. Managers have the discretion for the time off to be paid if it is considered appropriate in the circumstances however other solutions (such as making up the hours, working flexibly or remotely) can be explored.
Notification requirements
The employee must tell their manager, as soon as practicable, the reason for their absence and how long they expect to be away from work. It is not necessary to give notice in writing.
There may be exceptional circumstances where the employee either has to leave work or return before it has been possible to notify their manager. In these circumstances, the employee must still tell their manager as soon as practicable, advising the reason for absence and if they have not yet returned, how long they expect to be away from work.
If you are taking unpaid leave, on your return to work you should complete the Time off for Dependents Leave Form (below) and return it to HR as soon as possible so that the relevant adjustments can be made to the payroll system.
Monitoring Time off for Dependents leave
Abuse of the right to time off for dependents will be dealt with in accordance with the Disciplinary Policy and Guidance.