Taking Time Off for Dependants
Your right to emergency time off when caring for someone
Does taking Time Off for Dependants Apply to you?
When you're caring for someone, emergencies happen. Your mum falls and breaks her hip. Your partner's care worker doesn't turn up. Your child becomes seriously ill at school. In these moments, you need to be able to leave work without worrying about losing your job.
Time Off for Dependants (sometimes called emergency family leave or compassionate leave) is your legal right to take a reasonable amount of unpaid time off work to deal with unexpected emergencies involving someone who depends on you.
This right has been in UK law since 1999 under the Employment Rights Act 1996. It recognises that life doesn't always go to plan, and when someone you care for needs you urgently, you should be able to respond without fear of losing your job.
This is for EMERGENCIES only
Time Off for Dependants is specifically for unexpected situations that need your immediate attention. It's not for planned events like routine appointments or scheduled hospital visits.
Think of it as the right to deal with the crisis, make immediate arrangements, and get things stable – not ongoing care.
Key Facts:
Available to all employees from day one – no waiting period
For unexpected emergencies only, not planned events
Usually unpaid (unless your employer chooses otherwise)
No limit on how many times you can use it
You must tell your employer as soon as possible
You're protected from dismissal or unfair treatment
The amount of time should be "reasonable" for the situation
Who Counts as a Dependant?
Under the law, a dependant is someone who relies on you. This includes:
Your spouse, civil partner, or partner
Your child (including adult children)
Your parent
A grandchild or grandparent
Other relatives who live with you as part of your household
Someone who lives in your home and is part of your family (but not lodgers, tenants, or employees)
Anyone else who reasonably relies on you in an emergency
The Definition is Broader Than You Might Think
You don't have to be related by blood or marriage. An elderly neighbour who relies on you could count as a dependant if they genuinely need your help in an emergency and there's no one else available.
However, the person must genuinely depend on you. It doesn't extend to any friend or acquaintance.
When Can You Take Time Off for Dependants?
The law covers specific emergency situations. You can take time off for dependants when you need to:
1. Provide help when a dependant is ill, injured, or assaulted
This covers both physical and mental illness or injury. It doesn't have to be life-threatening – it just needs to be unexpected and require your immediate help.
2. Make arrangements for care when a dependant is ill or injured
For example, arranging for someone else to look after them, booking medical appointments, or organising emergency care.
3. Deal with the death of a dependant
This includes making funeral arrangements, notifying people, and dealing with immediate practical matters.
4. Respond when a dependant gives birth unexpectedly
If someone who depends on you goes into labour unexpectedly and you need to help them get to hospital.
5. Deal with an unexpected breakdown of care arrangements
When the person who normally provides care suddenly can't, and you need to step in or make alternative arrangements.
6. Deal with an unexpected incident involving a child at school
This includes your child being involved in a serious incident, becoming ill at school, or the school closing unexpectedly.
✓ This IS covered:
Your mum's carer calls in sick with no notice, and you need to arrange emergency cover
✓ This IS covered:
Your child's school phones to say they've had an accident and you need to collect them
✓ This IS covered:
Your partner with dementia wanders from their care home and you need to go and help find them
✓ This IS covered:
Your elderly neighbour who relies on you falls and breaks their arm, and you need to take them to A&E
✗ This is NOT covered:
Taking your parent to a routine hospital appointment you've known about for weeks
✗ This is NOT covered:
Home emergencies like a burst pipe or break-in (these don't involve a dependant)
✗ This is NOT covered:
Taking time off because you feel tired from caring (this would be sick leave or annual leave)
✗ This is NOT covered:
Regular, ongoing care that you know about in advance
What "Unexpected" Actually Means
Importantly, "unexpected" doesn't mean it has to happen suddenly right that moment. If you learned about a problem two weeks ago but have been unable to find alternative care arrangements despite genuine efforts, that still counts as unexpected for the purposes of this right.
What matters is that you couldn't have planned for it when you first knew about it.
How Much Time Can You Take?
The law says you're entitled to a "reasonable" amount of time. Unfortunately, it doesn't specify exactly what "reasonable" means – it depends on the situation.
Generally speaking:
Most emergencies: One or two days is usually enough to deal with the immediate crisis and make arrangements
Death of a dependant: Time to make funeral arrangements and attend the funeral
Serious illness: Time to get the person to hospital, speak with doctors, and arrange care
Care breakdown: Time to find alternative care or put emergency measures in place
What's the Right Amount of Time?
Time Off for Dependants is for dealing with the emergency itself – not for ongoing care.
Think of it as the time you need to:
Respond to the immediate crisis
Make sure the person is safe and cared for
Put arrangements in place for what happens next
If you need longer-term time off, you might need to use other types of leave like Carer's Leave (up to one week per year for long-term care needs), annual leave, or unpaid leave.
No Limit on How Often
There's no limit to the number of times you can take Time Off for Dependants, as long as each occasion is a genuine emergency.
However, if you're taking frequent time off, your employer may want to discuss this with you. This isn't to punish you, but to understand if there's an ongoing issue that might be better managed through flexible working or Carer's Leave.
Step-by-Step Guide: Taking Time Off for Dependants
Assess the Situation
When an emergency happens, quickly assess:
Is this an unexpected situation involving someone who depends on me?
Do I need to be there, or can someone else handle it?
What needs to happen right now?
How long might I need?
Remember, you should try to minimise disruption to your employer where possible. If someone else can reasonably handle the emergency, consider that option first.
2. Contact Your Employer Immediately
Tell your employer as soon as you reasonably can that you need to take Time Off for Dependants. This is a legal requirement to qualify for protection.
You should tell them:
That you're taking Time Off for Dependants (use these exact words)
Who the dependant is (e.g., "my mother")
What has happened (e.g., "she's fallen and I need to take her to hospital")
How long you expect to be away (even if it's just "probably today, I'll update you later")
How to Contact Your Employer
Ideally before you leave work: Tell your line manager face-to-face or by phone
If you're not at work: Phone your manager or HR as soon as possible. If you can't reach them, send a text or email
If you're dealing with the emergency: Contact them as soon as you reasonably can, even if that's later in the day
If you couldn't contact them at all: Explain why when you return to work
3. Deal with the Emergency
Focus on handling the immediate situation:
Make sure the dependant is safe and receiving care
Deal with any urgent medical needs
Make arrangements for ongoing care if needed
Contact other family members who can help
4. Keep Your Employer Updated
If you need longer than you first thought, let your employer know as soon as you can. You don't need to give them hourly updates, but do keep them informed of significant changes.
For example:
"I thought I'd be back this afternoon, but mum needs to stay in hospital overnight for tests, so I'll need to stay with her and make arrangements. I should be back at work tomorrow."
5. Return to Work
When you return, speak to your manager about what happened. You might need to:
Fill in an absence form (check your workplace policy)
Explain the situation briefly if you didn't give full details during the emergency
Discuss whether you need any ongoing support or flexible working
You don't need to provide medical evidence or proof of the emergency.
Will You Be Paid?
By law, Time Off for Dependants is unpaid. Your employer doesn't have to pay you for this time off.
However, some employers choose to pay for a certain number of days. Check:
Your employment contract
Your company handbook or intranet
Your employer's leave policy
Any local or national agreements (if you're in a union)
Other Options for Paid Leave
If you need paid time off, you might be able to use:
Annual holiday: Though your employer might not let you take it at such short notice
Compassionate leave: Some employers offer paid compassionate leave for emergencies
Sick leave: If the stress of caring has made you unwell
It's worth having an honest conversation with your employer about what's available.
You Cannot Be Dismissed or Penalised
It's automatically unfair to dismiss someone or select them for redundancy because they took or asked for Time Off for Dependants.
You're also protected from "detriment", which means your employer cannot:
Discipline you for taking time off
Deny you a promotion because you've taken time off
Refuse you training opportunities
Treat you unfairly in any other way
And you don't need a minimum period of employment to have these protections – they apply from your first day in the job.
Your Rights and Protections
What If Your Employer Refuses?
Your employer cannot unreasonably refuse a request for Time Off for Dependants. However, they might question whether:
It's genuinely an emergency
The person is actually a dependant
You're the only person who can deal with it
The amount of time you're taking is reasonable
These are fair questions, but if you've been honest and it's a genuine emergency, they should not refuse.
If You Have a Problem
If your employer refuses to let you take time off, or treats you badly because you've taken it:
Try to resolve it informally first – talk to your manager or HR
Raise a formal grievance if informal discussions don't work
Contact ACAS for free advice (0300 123 1100)
Consider an employment tribunal claim if necessary (you usually have three months to make a claim)
Get in touch with us at Cornwall Carers Service for support
How This Differs from Other Types of Leave
It's easy to get confused between different types of leave. Here's how Time Off for Dependants compares:
Which Leave Should You Use?
Time Off for Dependants: When something unexpected happens right now and you need to deal with it immediately
Carer's Leave: When you need planned time off to care for someone with long-term needs (e.g., taking them to regular appointments, arranging care packages)
Flexible Working: When you need permanent changes to when or how you work to manage ongoing caring responsibilities
Annual Leave: For planned time off to care for someone or to rest and recharge
Practical Tips for Carers
Planning Ahead (As Much As You Can)
While Time Off for Dependants is for emergencies, you can make life easier by:
Keeping emergency contacts updated – make sure other family members or friends know they might need to help
Having a backup plan – know who else could step in if you're not available
Being open with your employer – let them know you're a carer so they understand your situation
Knowing your workplace policies – read your employee handbook to understand what leave you're entitled to
Keeping your phone charged and accessible – so you can be contacted in emergencies
Managing Frequent Emergencies
If you find yourself taking Time Off for Dependants regularly, it might be time to:
Request flexible working so you can better balance work and caring
Look into additional care services or respite care
Have an honest conversation with your employer about your caring situation
Contact Cornwall Carers Service for a Carer's Assessment
Looking After Yourself
Dealing with emergencies is stressful, especially when you're already juggling work and caring. Remember:
It's okay to ask for help from family and friends
You're entitled to support as a carer
Taking breaks and time for yourself isn't selfish – it's necessary
Cornwall Carers Service is here to support you
Frequently Asked Questions
Do I have to prove there was an emergency?
No, you don't have to provide medical certificates or other proof. However, you should be honest about the situation, and your employer is entitled to ask questions about what happened.
What if I work from home?
Time Off for Dependants still applies if you work from home. If you need to stop working to deal with an emergency, the same rules apply.
Can I take time off if my pet has an emergency?
No, Time Off for Dependants only covers emergencies involving people who depend on you, not pets.
What if the dependant doesn't live with me?
That's fine – they don't have to live with you. What matters is that they depend on you in an emergency.
Can my employer discipline me for taking too much time off?
They cannot discipline you for taking reasonable Time Off for Dependants for genuine emergencies. However, if they have concerns that you're misusing the right or taking unreasonable amounts of time, they may want to discuss this with you.
What if I need to go abroad to deal with an emergency?
The law doesn't specify how far away the dependant can be. If you need to travel abroad for a genuine emergency, discuss this with your employer to agree on a reasonable timeframe.
Can I use this right for a friend?
Only if they genuinely depend on you and there's no one else available to help. The law says "someone who reasonably relies on you" – this could include a close friend in very limited circumstances, but they must genuinely depend on you.
What happens if I return to work before telling my employer?
You must still tell them why you were absent as soon as you return. The legal protection depends on you notifying your employer about the reason for your absence.
Other Support Available
Time Off for Dependants is just one form of support. As a carer in Cornwall, you're entitled to:
A Carer's Assessment
This is your right as a carer. We'll look at how caring affects your life and what support you need. It's free and there's no eligibility criteria – if you provide regular care for someone, you're entitled to an assessment.
Benefits and Financial Support
You might be entitled to Carer's Allowance or other benefits. We can help you check what you could claim and support you through the application process.
Respite Care
Taking breaks from caring is important. We can help arrange respite care so you can have time for yourself.
Emotional Support
Caring can be isolating and stressful. We offer counselling, peer support groups, and someone to talk to who understands.
Useful Resources
Related Rights for Carers
Don't forget about these other rights that work alongside flexible working:
Carer's Leave: Up to one week of unpaid leave per year to care for or arrange care
Time Off for Dependants: Emergency time off to deal with unexpected problems
Parental Leave: If you care for your child, you may be entitled to unpaid parental leave
We're Here When You Need Us
Emergencies are stressful enough without worrying about work. If you need advice about your rights, support in dealing with your employer, or just someone to talk to about your caring situation, we're here.
Contact us:
Phone: 01736 756655
Remember, you're entitled to take time off for emergencies. Don't let worry about work stop you from being there when someone needs you. The law protects your right to care.
The Carers Leave Act
Complete guide to your statutory right to one week of unpaid leave per year. Learn who qualifies, how to request leave, and what protections you have.
Explore More of Your Rights and Support
Register as a Carer with your GP Practice
If you're caring for someone – whether it's a partner, family member, friend, or neighbour – you have the right to be identified as a carer by your GP practice
Flexible Working Rights
Understand your right to request flexible working arrangements from day one. Explore different types of flexibility and how to make a successful request.
Statutory & Contractual Rights
Detailed breakdown of your legal rights as a working carer, including protections against discrimination and unfair dismissal.
Time Off For Dependants
Know your rights to take time off for emergencies involving dependants. Learn what qualifies as an emergency and how much time you can take.
Get a Carers Assessment
If you're caring for someone in Cornwall, whether that's a parent, partner, child, friend, or neighbour, you might not think of yourself as a carer. But you may be entitled to support.
