As a working parent it is often hard to balance parenting and a busy career. Whilst we would all love for life to run smoothly, it is not always the case especially when your child gets sick unexpectedly.
So, what rights do you have to time off when your child is unwell?
By law you have the right to ‘Time off for Dependants’. This right entitles you to take time off to deal with an emergency involving a dependant.
Would my child qualify as a dependant?
A dependant is defined as a spouse, partner, child, parent, or someone who depends on an employee.
Yes, your child would qualify as a dependant.
What qualifies as an emergency situation?
You can take time off for the following emergencies:
- Helping a dependant who is ill, injured or assaulted.
- Taking your child to the Doctor or Hospital appointment.
- Disruption of care arrangements.
- Your child minder or carer is unable to look after your dependant.
- Child’s school unexpectedly closes.
- An incident happens during school time.
It is important to emphasise that the time off is provided to employees in emergency situations only. You cannot take time off if you knew about a situation beforehand, for example, if you knew that you would not have childcare in 2 weeks-time, it would not be classed as an emergency, and you would not be entitled to this leave entitlement. You will be expected to make alternate arrangements, take annual leave or take parental leave (read more on parental leave below) in this instance.
If for example you need to take your child to the GP because they have been unwell overnight, you would qualify and be entitled to take time off for dependents.
How much time off can I take?
You are allowed a reasonable amount of time off but there is no set amount, usually it is around 1 to 2 days off to deal with the emergency. You should also check your employers staff handbook, to see what it states or alternatively speak with your employer to agree how much time you will need to deal with the emergency.
Do I get paid for this time off?
Legally your employer does not have to pay you, however, our advice would be to check your contract or staff handbook to see if your employer will pay you for this leave.
How do I take time off for dependants leave?
You will need to tell your employer as soon as possible of the following:
- You need time off; and
- That it is an emergency
What is parental leave?
Parental leave is designed to give parents more time with their children. It entitles you to take 18 weeks’ leave per child usually unpaid, up to your child’s 18th birthday.
You can take parental leave as long as:
- You are an employee.
- You have been employed by the same employer for at least a year.
- You take the leave before your child’s 18th
- You have parental responsibility for a child.
What does parental responsibility mean?
The birth mother automatically has parental responsibility for their child and so does the father, if you are married to the mother or your name appears on the birth certificate. Otherwise, you will need to apply for a parental responsibility order.
How do I take parental leave?
You must give your employer 21 days’ notice, in writing, of the date you want your leave to start and how much leave you want to take. You may also be asked to provide proof of your entitlement (i.e. birth certificate).
How much time can I take off?
You can usually only take parental leave in blocks of a week, up to a maximum of four weeks per child in one year.
If, however, your child is disabled, you can take parental leave in blocks of a day or more up to four weeks per child per year.
Your employer cannot refuse your request to take parental leave, but they can POSTPONE your parental leave for up to six months, BUT only if they can show that there is a business reason for the postponement. If they do decide to postpone your leave, they must tell you in writing within seven days of your request.
Will I be paid while on parental leave?
Parental leave is usually unpaid, you should check your staff handbook to see if they will pay for parental leave.
You should not be treated unfairly for taking time off for dependants leave or parental leave. If you feel that you are being treated unfairly for taking time off you should try to resolve it with your employer, this can be done by raising an informal or formal grievance.
If the treatment continues or you’re dismissed for taking the time off, you can look to make an Employment Tribunal claim.
RECAP
- Time off for dependants:
- To be used for emergency situations only.
- Must be a dependant.
- Usually entitled to 1 or 2 days leave, should speak with your employer about taking any more time off.
- Usually unpaid unless your employer allows otherwise.
- You should inform your employer as soon as possible of your intention to take time off and why.
- Parental Leave:
- To be used in order to spend more time with children, care for them when they’re off sick (not an emergency situation) etc.
- You must be an employee and employed for 1 year or more by your employer.
- You must have parental responsibility of the child.
- Can take leave in blocks of weeks up to a maximum of 4 weeks per child per year (can take leave in blocks of days rather than weeks for a disabled child).
- You should provide 21 days’ notice before the date they want to start a block of leave (an employer can postpone leave for business reasons).
If you have any questions, please do not hesitate to contact us at [email protected]