Time off for dependants policy

Every employee has a right to reasonable unpaid time off to deal with an emergency involving a dependant, and since 2024 a separate right to a week's unpaid carer's leave a year for planned care, alongside parental leave and the flexible working right. Employers get the emergency right wrong by treating it as a day's allowance, by refusing it because the employee did not ask in advance, or by disciplining for taking it. The policy has to explain each right, say how much time is reasonable and whether the employer pays, and set the process. I draft the policy for the employer as part of the handbook and core policies for a fixed fee of £995, delivered in five working days.

Who this is for

Employers in England and Wales with staff who have children, elderly parents or others who depend on them, which is most employers, and employers whose managers treat emergency time off as a favour.

What matters in a time off for dependants policy

The statutory right to time off for emergencies

Section 57A of the Employment Rights Act 1996 gives every employee, from the first day, the right to take a reasonable amount of unpaid time off during working hours to take action which is necessary to provide assistance when a dependant falls ill, gives birth, is injured or assaulted, to make arrangements for the care of a dependant who is ill or injured, in consequence of the death of a dependant, because of the unexpected disruption or termination of arrangements for the care of a dependant, or to deal with an incident involving a child at school; the right is to deal with the emergency and make arrangements, not to provide the care for days, and the policy should state it as the Act does.

Who is a dependant and what counts as an emergency

A dependant is the employee's spouse, civil partner, child, parent, a person who lives in the same household other than as a tenant, lodger or employee, and, for illness, injury and care arrangements, any person who reasonably relies on the employee for assistance or for arrangements for their care; an emergency is something unexpected or sudden, so a known hospital appointment or a planned school event is not one (other rights may cover them), and the policy should give examples (a child sent home from school, a childminder who cancels, a parent's fall) and should say that the employee need not prove the emergency beyond a reasonable explanation.

How much time off is reasonable and whether it is paid

The Act gives no fixed amount, and what is reasonable depends on the circumstances: usually one or two days to deal with the emergency and arrange care, longer where the circumstances warrant, with the employer entitled to question time off that is prolonged or frequent; the right is unpaid, and the policy should state whether the employer pays (many pay for a stated number of days a year as a benefit), whether the employee may take the time as holiday or make it up instead, and that the employer will not count the time as sickness absence or against attendance triggers; a policy that fixes a day's limit misstates the right, and one that treats the time as unauthorised absence breaches it.

Carer's leave and the planned care it covers

The Carer's Leave Act 2023 gives every employee, from the first day, the right to one week's unpaid leave in any twelve months to provide or arrange care for a dependant with a long-term care need (an illness or injury likely to need care for more than three months, a disability under the Equality Act 2010, or old age), taken as whole or half days with notice of twice the length of the leave or three days, whichever is longer, which the employer may postpone once for a stated business reason but may not refuse; the policy should set the right, the notice, the postponement rules and the employer's position on pay, and should say that the leave is for planned care where the emergency right is not.

Parental leave, flexible working and the other routes

The policy should explain the other rights that cover planned time with dependants: unpaid parental leave (now a right from the first day under the Employment Rights Act 2025 changes) of up to eighteen weeks per child in blocks of a week, with the notice and limits the Maternity and Parental Leave etc. Regulations 1999 set; the flexible working right under section 80F of the Employment Rights Act 1996 for a longer-term change to hours or place of work; and the employer's own compassionate leave, holiday and unpaid leave arrangements; the policy should guide employees to the right route and should not treat an application under one right as a failure to use another.

Requests, records and the protection from detriment

The policy should set the process for emergency time off (tell the manager as soon as reasonably practicable, which may be after the time off has started, say why and how long it is expected to last, confirm on return), for carer's leave (a written request with the notice the Act requires, which the employer records), and the records the employer keeps (the dates and the reason, without medical detail beyond what the employee gives), with the statement that an employee will not be subjected to detriment or dismissed for taking or seeking time off under section 57A, which is automatically unfair under section 99 of the Act and does not depend on service; managers who treat the time off as a conduct issue are the policy's reason for existing.

What it costs

Staff handbook and core policies, £995. Five working days.

Employment contract, £595. One template you can reuse for a grade of staff. Five working days.

Buying online forms the engagement on payment. The scope is what the employment contracts and handbooks page describes, you accept the Terms of Service at checkout, and I email you within four working hours to get started. If you would rather ask something first, email me.

What you get

• A bespoke contract drafted for how you employ people
• Restrictive covenants drafted at a scope a court will uphold
• Confidentiality and intellectual property provisions that put ownership where it belongs
• The statutory particulars, so the document does the job section 1 of the Employment Rights Act 1996 requires it to do
• Flexibility clauses where you genuinely need them, drafted to survive challenge
• Core policies: disciplinary, grievance, sickness absence, equal opportunities, data protection and, increasingly, AI use
• One round of amendments

What is not included

• Acting for employees
• Employment tribunal representation
• Payroll, pensions auto-enrolment and tax
• Immigration and sponsor licence work
• Day to day HR handling, disciplinaries, grievances and redundancy processes

Questions I am often asked

Can we require notice for time off for dependants?

Not for emergencies: the employee must tell the employer as soon as reasonably practicable, which may be after the time off has started. Carer's leave for planned care needs the notice the Act sets.

Is there a limit of one day for emergency time off?

There is no fixed limit. The amount is what is reasonable to deal with the emergency and arrange care, usually a day or two, longer where warranted. A fixed limit misstates the right.

Do we have to pay for time off for dependants or carer's leave?

Neither is paid by statute. The policy states the employer's position, and many employers pay for a stated number of emergency days as a benefit.

Related guidance and services

• Employment contracts and handbooks, £995, the service this page describes
• Consultancy and contractor agreements, £595
• Family leave policies
• Flexible working policy

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: October 2026. Email geoffrey@caesar.co.uk.