Dependant leave policy who is a dependant

Managers should notify HR immediately. If you fail to notify us as set out above, you may be subject to disciplinary proceedings under our Disciplinary Policy for taking unauthorised time off. We may in some cases ask you to provide evidence for your reasons for taking the time off, either in advance or on your return to work. Suspected abuse of this policy will be dealt with as a disciplinary issue under our Disciplinary Policy. On your return to work you must complete a time off for dependants authorisation form and send it to HR so that your salary may be adjusted.

You must enter your dependants leave onto the flexitime system for HR to approve. Your browser is out of date, and unable to use many of the features of this website Please upgrade your browser. This website requires javascript.

Your browser currently has javascript disabled. Please enable javascript to ensure you can use this website to its full extent. This website requires cookies. Note for employers. The EAT took the view that in a case of this type, all the relevant circumstances must be examined, and each case would have to be considered taking into account all the relevant facts. A key feature of this case was that the employee had tried hard to make alternative care arrangements for her children.

If, however, she had not taken appropriate steps to make alternative arrangements during the two-week intervening period, then it is likely that the tribunal would have found that it was not necessary for her to have taken the time off and her claim would, therefore, have failed. John Ford Morrison dismissed Qua who had had 17 days' absence from work between January and October She claimed that her dismissal was automatically unfair because these absences from work were to look after her sick son and therefore fell within the right to take time off for dependants.

The EAT pointed out that the right to time off for dependants was a right to take reasonable time off work to take action which was necessary to deal with unexpected family emergencies. What amounted to reasonable time off needed to be assessed in the light of the circumstances of each case and the number, length and dates of previous absences.

Disruption and inconvenience to the employer were not relevant to the assessment of how much time off was reasonable. There is no right to time off beyond what is necessary to deal with an immediate crisis associated with a dependant.

Equally, there is no right to take time off in order personally to provide long-term care for a dependant. Clarke v Credit Resource Solutions - Time off for dependants: unfair dismissal Send to a friend Employment Tribunal - Employee dismissed unfairly for taking time off to care for dependants Facts.

Employees are entitled to take reasonable time off to deal with emergencies that arise relating to dependants Employment Rights Act This time off is unpaid.

Employees must not suffer any detriment if they exercise this right. In this case, Clarke arrived half an hour late for work because his childcare arrangements had failed and he had to make alternative arrangements at the last minute. He was told to sign a 'late form' that would result in a deduction of an hour's pay. He refused to sign the form, as he believed that he was being penalised for having to make the emergency childcare arrangements.

He had never been late before. When Clarke received his monthly pay, he realised that he had indeed had an hour's pay deducted. He challenged his manager about this, and was eventually told that he had to sign the late form and would receive a final written warning due to his anger about the situation.

He still refused, and so was dismissed. He claimed that the dismissal was unfair because it related to him exercising his right to take time off to care for dependants. The employment tribunal upheld his complaint of unfair dismissal. The tribunal rejected the argument that he had been dismissed due to refusing to follow a reasonable instruction and for threatening behaviour.

An employer can decide not to pay an employee who takes time off to care for dependents - the right is unpaid. However, the employee must not suffer any detriment for electing to take this leave. Palen was recruited as a delivery driver in a small company. During his second week of employment, he took a day off work because his partner had been taken ill.

On his return the next day, the employer told him that a small company could not afford to let people take time off in that way.

Palen was dismissed. Although he did not have the requisite length of service required to bring a claim for unfair dismissal which at the time in question was one year , Palen brought a claim asserting that the reason for his dismissal was that he took time off work to care for dependants.

This type of claim does not require any minimum period of service. The claim succeeded. If such a reason for dismissal is proven, the dismissal will be found automatically unfair. One of these prohibited reasons is where dismissal is because the employee has taken time off work to care for a dependant.

Forster v Cartwright Black Solicitors - Time off for dependants and compassionate leave Send to a friend Employment Appeal Tribunal - June Time off for dependants does not include compassionate leave Facts.

Forster was dismissed for absence following 10 months' service with Cartwright Black. The trigger for her dismissal was her level of absence - she had taken five days' bereavement leave following the death of her mother and two weeks' sick leave immediately after this, which her doctor said was related to bereavement. She had lost her father a few months earlier and been granted 12 days' paid bereavement leave for that. She had also had some sick leave at that time.

She claimed that her dismissal was automatically unfair because the reason for it was that she had taken time off in consequence of the death of a dependant. The EAT agreed with the tribunal that the time off she had taken was not time off for dependants and so her dismissal was not automatically unfair.

Time off for dependants is restricted to time off that is needed to make any necessary arrangements related to a dependant and does not cover a period of compassionate leave for a bereaved employee. To qualify as time off for dependants following a death, the time off has to be in order to take necessary action in consequence of the bereavement. This would include matters such as arranging the funeral, attending the funeral, registering the death, applying for probate and being interviewed by the probate officer.

Moore was granted time off for dependants on 10 January to visit her father whom she said was dying in hospital in Ireland following a car crash. On 19 January, Moore telephoned her employer to say she would be off work until 26 January. For example, if you want time off to take your child into hospital in a week's time the right doesn't apply, although you may be able to take it as parental leave instead.

If you need time off to cope with a situation that doesn't fall under the 'time off for dependants' right, you may have a right to time off under your contract of employment. Many employers will have a scheme for compassionate leave and details should be included in your contract or company handbook.

If the situation is not covered by any scheme then you can still ask your employer for the time off, although they do not have to agree to your request. It's unfair of your employer to refuse you reasonable time off to deal with an unexpected event involving a dependant. It's also unfair to dismiss or penalise you by not giving you promotion, training or the use of facilities you'd normally be offered. If you're dismissed, made redundant or penalised because of the right, or you are refused reasonable time off, you can complain to an Industrial Tribunal.

If your complaint is successful the tribunal may make an order for you to receive compensation, be re-employed or re-instated. We will not reply to your feedback. Don't include any personal or financial information, for example National Insurance, credit card numbers, or phone numbers.

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You can change your cookie settings at any time. A dependant could be a spouse, partner, child, grandchild, parent, or someone who depends on you for care. If your child falls ill you could take time off to go to the doctor and make care arrangements. Your employer may then ask you to take annual leave or parental leave if you want to look after your child for longer.

There are no limits on how many times you can take time off for dependants. Your employer may want to talk to you if they think time off is affecting your work. Check your contract, company handbook or intranet site to see if there are rules about this.