Emergency leave when your child is sick

Balancing work and family life can be tough, especially when your child falls ill. Employment law recognises the challenges working parents face and provides certain rights to help during these times.

Time Off for Dependents

Employees have the right to take a reasonable amount of time off work to deal with emergencies involving a dependent, including when your child is sick. This is meant to cover immediate issues, like when your child is sent home from school unexpectedly. The law doesn’t specify exactly how much time you can take, as it depends on the situation, but it’s generally understood to be what’s reasonably necessary to provide care and make any necessary longer-term arrangements. Your employer may then ask you to take annual leave or parental leave if you want to look after your child for longer.

In cases where you are aware of a situation ahead of time, such as scheduling a child’s hospital appointment, you may not be eligible for time off. Instead, you could explore options like parental leave as an alternative.

Additionally, in certain circumstances, if you do not receive time off for dependents, your employer might offer “compassionate leave,” which can be either paid or unpaid time off.

Understanding ‘Reasonable’ Time Off

The term ‘reasonable’ can vary widely, depending on the specific circumstances. Factors include the severity of the child’s illness, your role in their care, and the availability of alternative care options. While the law provides this flexibility, it also requires clear communication with your employer about the situation and your expected return to work.

Time off for dependents can be granted in various emergency situations, including:

Illness, injury, or assault: Time off can be taken to provide support for dependents facing physical or mental health challenges, even if the condition is not life-threatening.

• Having a baby: Time off may be allowed if a dependent goes into unexpected labour and requires assistance getting to the hospital. However, post-birth care for the child is not typically covered unless it is deemed an emergency.

• Disruption of care arrangements: Time off can be taken if a child’s caregiver or care facility unexpectedly becomes unavailable, such as a childminder not showing up or a nursing home closing unexpectedly.

• School-related incidents: Time off can be granted if a dependent child is involved in a school-time incident, such as being injured on a school trip, getting into a fight, or being suspended from school.

Pay During Time Off

It’s important to note that this time off is not automatically paid. Some employers may offer paid leave as part of their employment package, but this is not a legal requirement. However, understanding your company’s specific policies on parental leave and sick pay is crucial, you will need to check if you are entitled to payment.

Flexible Working Requests

Although not immediate, it’s worth noting that employees have the right to request flexible working arrangements, since April 2024, this has been a “day one” employment right. A flexible working request can include changes to hours, times, or places of work, which can be particularly helpful for parents managing ongoing care responsibilities. Additionally, an employee now have the right to carers leave, which is up to 5 days unpaid leave each year to provide care in certain circumstances.

Practical Steps for Employees

• Notify Your Employer: As soon as possible, inform your employer about your need to take time off, the reason for it, and how long you expect to be away. This helps manage expectations and allows for any necessary adjustments in your absence. You do not need to put this in writing.
• Understand Your Rights and Company Policy: Familiarise yourself with your legal rights and your employer’s specific policies on emergency leave for dependents. This knowledge can help you navigate the situation more smoothly.
• Document Your Absence: Keeping a record of your communications with your employer and any relevant details about the situation can be helpful, especially if there are any misunderstandings or disputes later on.

Problems if you take time off in an emergency

Your employer shouldn’t treat you unfairly for taking time off in an emergency, or dismiss you, nor refuse a reasonable request to take time off. If this happens, and you feel you aren’t being treated fairly it is advisable to seek legal advice without delay. Please be aware that you have a limited amount of time to take action. You have just three months, less one day, in order to take steps to bring a claim in the Employment Tribunal.

How can Taylor Bracewell’s employment team assist you?

In conclusion, UK law provides a legal framework for working parents dealing with a child’s illness, which recognises the need for flexibility and understanding in such situations. By understanding your rights and effectively communicating with your employer, you can manage your responsibilities while ensuring your child receives the care they need.

The information provided above is intended as general guidance and does not constitute legal advice. The content reflects the law as it currently stands but is subject to change. For specific legal inquiries or concerns regarding time off for dependents, please seek specific advice. We can assist you at Taylor Bracewell with advice on this.

Call our Doncaster team on 01302 341414 or our Sheffield team on 0114 272 1884. Alternatively, you can fill out our online enquiry form.