When an employee's child falls ill, a parent is rushed to hospital, or a childminder fails to turn up, the employee has a statutory right to take time off. As an employer, understanding this right — and getting it right — protects your people, keeps you legally compliant, and builds a culture of trust. This guide covers everything UK employers need to know about time off for dependants in 2026, including the newer Carer's Leave Act 2023 and how to build a policy that works.
Time off for dependants is a statutory right under Section 57A of the Employment Rights Act 1996. It allows all employees to take a reasonable amount of time off during working hours to deal with an emergency or unexpected situation involving a dependant. The right exists so that employees can respond to immediate crises without the fear of losing their job or being disciplined.
This is not a general right to take time off to care for someone who is unwell over an extended period. It is specifically designed for emergencies— situations that are sudden, unexpected, and require the employee's immediate attention. The time off is intended to allow the employee to deal with the immediate crisis and, where necessary, make longer-term care arrangements.
Crucially, this is a day-one right. There is no qualifying period, no minimum length of service, and it applies to all employees regardless of contract type — full-time, part-time, or fixed-term.
The law defines a dependant as any of the following people:
For situations involving illness, injury, or the breakdown of care arrangements, the definition is broader. It also includes:
This wider definition means that an elderly neighbour who depends on the employee for regular care, or an adult sibling with a disability, could also count as a dependant in certain circumstances. However, a flatmate who simply shares the rent — with no dependency relationship — would not qualify.
The Employment Rights Act 1996 sets out specific situations where the right applies. An employee may take time off when:
It is important to note that the right does not cover planned or foreseeable events. If an employee knows in advance that their childminder is going on holiday, they should arrange alternative care or book annual leave. The right is specifically for unexpected situations.
The law does not specify an exact number of days. Instead, it says the employee is entitled to take a "reasonable" amount of time off. In practice, employment tribunals have consistently interpreted this as meaning enough time to deal with the immediate emergency and put alternative arrangements in place — typically one to two days per incident.
This right is not intended to provide ongoing care. If an employee's parent needs nursing care for several weeks, the employee can take a day or two to arrange that care, but they cannot use this right to provide the care themselves over an extended period. For ongoing caring responsibilities, the newer Carer's Leave Act 2023 (covered below) or annual leave and unpaid leave are more appropriate.
There is also no statutory cap on how many times an employee can exercise this right. If an employee has multiple genuine emergencies throughout the year, they are entitled to take time off for each one. However, if a pattern of frequent absence emerges, it may be worth having a supportive conversation to explore whether the employee needs additional help or a more structured arrangement.
The statutory right to time off for dependants is unpaid. There is no legal obligation for employers to pay employees during this leave.
That said, many employers choose to pay for a limited number of days — typically one to three days per year — as a gesture of goodwill. Some employers pay for all dependant leave. There are strong business reasons for doing so:
Whatever you decide, make your position clear in your policy. Ambiguity leads to inconsistent treatment and potential grievances.
Employees must tell their employer the reason for the absence as soon as reasonably practicable. They should also give an indication of how long they expect to be away. However, the law recognises that in a genuine emergency, immediate notification may not be possible — a parent rushing their child to A&E, for example, should not be penalised for not calling the office from the ambulance.
Best practice is to accept notification by any means — phone call, text message, email, or even a message via a colleague. The emphasis should be on getting the information, not on the formality of the process.
This statutory right often overlaps with or is confused with other forms of leave. Here's how they differ:
| Leave type | Legal basis | Duration | Paid? |
|---|---|---|---|
| Time off for dependants | Employment Rights Act 1996, s.57A | Reasonable (1–2 days per incident) | Unpaid (statutory) |
| Compassionate leave | No statutory right — contractual only | Typically 3–5 days | Usually paid (company policy) |
| Parental bereavement leave | Parental Bereavement Act 2018 (Jack's Law) | 2 weeks | Statutory pay (SPBP) |
| Carer's leave | Carer's Leave Act 2023 | 1 week per year | Unpaid |
| Parental leave | Employment Rights Act 1996, s.76 | 18 weeks per child (up to age 18) | Unpaid |
Compassionate leave is entirely at the employer's discretion. Many employers offer it for bereavements or serious family illness, but there is no legal obligation. It is good practice to offer compassionate leave in addition to the statutory right to time off for dependants, not as a replacement for it.
Parental leaveis a separate right allowing parents to take up to 18 weeks' unpaid leave per child before the child turns 18. It must usually be taken in blocks of one week and requires 21 days' notice. It is designed for planned childcare needs, not emergencies.
The Carer's Leave Act 2023 introduced a new statutory right from 6 April 2024. It gives employees who are caring for a dependant with a long-term care need the right to take up to one week of unpaid leave per year.
Key features of carer's leave:
A "long-term care need" is defined as:
This is distinct from time off for dependants, which is for emergencies. Carer's leave can be planned and is for employees who have ongoing caring responsibilities. Employees must give notice of at least twice the length of leave requested(or three days' notice, whichever is greater). Employers can postpone (but not refuse) carer's leave if it would cause serious disruption to the business, but must allow it within one month of the original date.
Getting dependant leave wrong can lead to employment tribunal claims, grievances, and reputational damage. Here are the most common mistakes employers make:
A clear written policy removes ambiguity and ensures consistency. Here are the key sections your policy should include:
State that the policy covers time off for emergencies involving dependants under the Employment Rights Act 1996, and explain that it applies to all employees from day one.
Set out who qualifies as a dependant, using the statutory definition. Consider whether your policy extends the definition beyond the statutory minimum — for example, to include close friends or extended family members.
List the circumstances in which time off can be taken, mirroring the statutory provisions: illness, injury, death, breakdown of care arrangements, and school incidents.
Explain that the time off is for dealing with the immediate emergency and is typically one to two days. Make clear what happens if the employee needs more time — can they use annual leave, compassionate leave, or unpaid leave?
Be explicit about whether dependant leave is paid or unpaid. If you offer paid leave, state how many days are covered and at what rate. Consider offering a small number of paid days (e.g., three per year) to encourage honest reporting and reduce the temptation to use sick leave instead.
Explain how and when the employee should notify their manager. Keep it simple: contact your manager by phone, text, or email as soon as reasonably practicable, stating the reason and expected duration. Do not impose unrealistic notification requirements that conflict with the spirit of emergency leave.
State your approach to evidence. Best practice is to not require evidence for short absences (one to two days) but to reserve the right to request documentation for repeated or extended absences. Never require evidence before granting the time off.
Explain how dependant leave is recorded and emphasise that it is tracked separately from sick leave and annual leave. This is important for accurate absence data and for protecting employees from unfair absence triggers.
Include a clear statement that employees will not be disciplined, dismissed, or otherwise disadvantaged for taking time off for dependants in accordance with the policy and their statutory rights.
Accurate record keeping is essential. You need to track dependant leave separately from other absence types for several reasons:
At a minimum, record the date(s) of absence, the reason (in broad terms — "dependant illness" rather than medical details), whether it was paid or unpaid, and the approval status. Store these records in a system that is accessible to HR but respects employee privacy.
Managing dependant leave on spreadsheets or through ad-hoc emails makes it easy for requests to fall through the cracks, records to be inconsistent, and statutory rights to be accidentally breached. LeaveApprove is designed to handle exactly this.
No. If the request falls within the statutory definition (an emergency involving a dependant), the employer cannot refuse it. Refusing or penalising an employee for taking this leave is automatically unfair and can lead to a tribunal claim with uncapped compensation.
The statutory right under Section 57A applies to employees only, not workers or self-employed contractors. However, many agencies and employers extend this right to agency workers as a matter of good practice.
No. The statutory definition of a dependant covers only humans. Pets are not dependants under the Employment Rights Act. However, individual employers may choose to allow compassionate leave for the loss of a pet under their own policy.
If you suspect an employee is taking time off for non-genuine reasons, address it through a supportive conversation first. If there is clear evidence of abuse, you can take disciplinary action — but be very careful. The burden of proof is on the employer, and getting it wrong can result in an unfair dismissal claim.
Not directly. Time off for dependants covers unexpected emergencies. Planned medical treatments (including fertility treatment) are not emergencies. However, if a dependant experiences complications from IVF that require emergency attention, the right could apply to that specific situation.