Your right to time off for family emergencies

Date: 01 June 2007

Your right to time off for family emergencies

Are you juggling work with caring for a child, relative, partner or friend? Do you sometimes need time off work to deal with an accident or other problem at home involving the person you care for?

• Every employee has the right to take a reasonable amount of time off work to deal with an unexpected emergency involving a dependant. Who counts as a dependant is described inside this leaflet.

• You have this right from day one of your job.

• You are protected by law from dismissal or victimisation for using this right.

• In most cases the leave will be unpaid.

For more details about what your employer provides check your company handbook, company benefit leaflets or speak to your Usdaw rep or Area Organiser. Your local Usdaw office can be contacted on 0845 6060640. Read on for help and advice in claiming.

Who can qualify?

Is the time off paid?

Who counts as a dependant?

Close relatives:

• Your spouse.

• Your children.

• Your parents.

• Your partner.

• Another relative who lives in your household.

• If you are their primary carer.

• If you are the only person who can help in an emergency.

It does not include tenants or boarders unrelated to you.

Example

In what circumstances can you take time off?

1. If a dependant falls ill or has been injured or assaulted:

• The illness or injury need not be serious or life threatening, and may be mental or physical.

• It may be an occasion when an existing condition deteriorates.

• If the dependant is assaulted, but not injured, you can take time off work to comfort or help them.

2. To make longer-term care arrangements for an ill or injured dependant:

• For example, making arrangements to employ a temporary carer, or taking a sick child to stay with relatives.

3. When a dependant is having a baby:

• You can take time off to assist a dependant while she is having a baby.

• This does not include time off after the birth to care for the child - fathers/partners can take paid Paternity Leave to do this, or Parental Leave.

4. The death of a dependant:

• You can take time off to make funeral arrangements, as well as to attend a funeral. Many companies have bereavement leave agreements/policies that allow some paid time off following the death of a close relative.

• If the funeral is overseas, you will need to agree a reasonable length of time off with your employer.

5. To deal with an unexpected breakdown of care arrangements:

• Where the normal carer of the dependant is unexpectedly absent, for example, a childminder or nurse fails to turn up.

• A school, nursery or nursing home unexpectedly closes.

6. To deal with an unexpected incident at school. You can take time off to deal with a serious incident involving your child during school hours, for example:

• Your child has been in a fight.

• Your child is injured or distressed.

• Your child is being suspended from school.

How much time off can be taken?

It may, for instance, be reasonable to allow someone who doesn't have a network of close family members nearby more time off than someone who does. For example, members whose close family are overseas may need more time to make alternative care arrangements than someone whose parents and grandparents live nearby.

Government guidance states 'for most cases, one or two days should be sufficient to deal with the problem', for example, if a child falls ill with chicken pox, the employee can take time off to deal with the crisis, visit the doctor and make longer term care arrangements. You are not entitled to take two weeks off to look after the child.

There is no limit set on the number of times an employee can use this right.

Telling your employer

• The reason for your absence.

• How long you expect to be away from work.

It is not necessary to give notice in writing.

Protection from dismissal and detriment

Detriment includes:

• Being selected for redundancy.

• Being moved to a lower grade.

If you believe you have been wrongly refused time off, or you have suffered a detriment by taking your right, contact your Usdaw rep or Area Organiser for advice.

Further information

• Workers' rights (Leaflet No 211).

• Usdaw - supporting working carers (Leaflet no 343).

• Working parents a helping hand from Usdaw (Leaflet no 348).

• Flexible working (Leaflet no 346).

All are on our web site and can be downloaded, or copies can be ordered by contacting your local Usdaw office on 0845 6060640.

Your right to time off for family emergencies (Leaflet 349) was correct at date of publication June 2007.

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© 2003 (USDAW) Union of Shop, Distributive and Allied Workers
This page: http://www.usdaw.org.uk/equality/resource_library/1118309293_6096.html
Last Modified: Tuesday, 21-Aug-2007 23:26:42 EST