My Employment Rights

Emergency Family Leave

Statutory Right to Time Off

All employees are entitled to exercise their right to take a "reasonable" amount of unpaid time off to deal with family emergencies, in the following circumstances:
• To give assistance where the dependant is ill, injured or gives birth*;
• To arrange for an ill or injured dependant to be cared for*;
• As a result of a dependant's death;
• Where a dependant's care arrangements have been unexpectedly disrupted*;
• To deal with an incident involving a child during school time.
A dependant is deemed to be an employee's spouse, cohabitee, child or parent and in the case of emergencies marked * above, any person who relies on the employee for assistance or care.
There is no definition what "reasonable time off" actually means and it depends on the circumstances of each case. However, the right is not to take such time off until the dependant is recovered from illness or injury - it is purely to deal with emergency situations to ensure that longer term arrangements can be put into place.
There is no limit on the number of times the employee takes emergency leave.
There is no right to be paid for leave taken in these circumstances (unless it is provided for in the employer's contractual policies/procedures).

Detriment and Dismissal

Employees cannot be subjected to detriment or dismissed as a result of exercising their right to take emergency leave.
Any dismissal will be automatically unfair - see the section on unfair dismissal for more information.
Complaints for detriment, usually as a result of the request for leave being refused, must be made within 3 months of the date of the refusal or detriment.
Where a claim regarding detriment is found well founded, the employment tribunal may:
• Make a declaration
• Award compensation for losses suffered.