Time off work
Submitted by Kate Russell, Author of 101 Tips For Employers 
In certain circumstances employees are entitled to take a reasonable amount of unpaid time off work to resolve unforeseen circumstances involving dependents.
The right to time off covers a range of situations, but it must be a genuine emergency of which the employee was not aware beforehand. This includes a sitatuion where:
- a dependant falls ill, or has been injured or assaulted (including time to make longer-term care arrangements for such a dependant)
- a dependant gives birth
- a dependant dies
- there is an unexpected disruption or breakdown of care arrangements for a dependant
- there is an unexpected incident involving the employee’s child during school hours.
A dependant will normally be someone in the same household as the employee, for example, a spouse, civil partner, child or parent. It also includes someone who depends on the employee for assistance, such as an elderly neighbour.
The concept of “reasonable time off” was considered recently by the Employment Appeal Tribunal.
Mr O’Toole took a month off work to look after his young family when his wife urgently needed time away for her own health. In consequence, he was dismissed by his employer and complained that the dismissal was unfair.
The employment tribunal agreed with him and Cortest appealed. Allowing the appeal, the EAT said that the purpose of the legislation is to cover emergencies and enable other care arrangements to be put into place. Each case turns on its own facts but a period as long as a month (or longer) for care by a parent would almost never be considered to be reasonable time off.
Cortest v O’Toole [2008]
Actions for employers
- The right is to ‘reasonable’ unpaid time off. What is reasonable will depend on the circumstances.
- When an employee asks to take emergency time off to deal with a dependant, try to establish the reasons for needing to take leave, and how long the employee needs to deal with it.
- Note that there is no limit on the number of times an employee can exercise this right, but if you have reasonable grounds for belief that there is abuse of the right to emergency time off, deal with it in line with normal disciplinary procedures.
- The employee does not need to give notice in writing, but must tell you, as soon as possible, the reason for his absence, and how long he expects to be absent.
© Copyright Insight Training & Development Ltd 2008
You have our permission to provide a link to this page, but you are not allowed to copy it.