Time off for dependants is a statutory right that allows employees to take reasonable unpaid leave to deal with emergencies involving a dependant. Under section 57A of the Employment Rights Act 1996, any employee can take time off for a range of family emergencies — from a child’s illness to the death of a close relative. There is no qualifying service period, and the right applies from day one.
This guide covers who qualifies, what counts as a dependant, the types of emergencies covered, and how employers should manage these absences.
Key takeaways
- The right to time off for dependants applies from day one of employment — no qualifying service period.
- Leave is unpaid unless your contract provides pay.
- Employees can take a reasonable amount of time — typically 1–3 days per emergency.
- A dependant includes children, partners, parents, and anyone who relies on the employee for care.
- You must not dismiss or penalise an employee for taking this leave.
What counts as a dependant
A dependant is defined in s.57A(3) of the Employment Rights Act 1996 as:
- The employee’s spouse, civil partner, child, or parent.
- A person who lives with the employee (other than as a tenant, lodger, or boarder).
- A person who relies on the employee for care in an emergency — this includes elderly relatives, disabled family members, and close friends.
The last category — “reliance in an emergency” — is broad. If someone depends on the employee to arrange or provide care during an emergency, they qualify as a dependant even if they are not a family member.
What counts as an emergency
The employee can take time off for the following reasons:
- A dependant falls ill, is injured, or has an unexpected disruption to their care arrangements.
- The death of a dependant — the employee needs time off to attend the funeral or deal with the aftermath.
- A dependant goes into labour — the employee can be present at the birth.
- An incident involving a dependant at school — the employee needs to attend to deal with the incident.
The leave is for the emergency itself and the immediate aftermath — not for ongoing care arrangements. Once the immediate crisis is resolved, the employee should return to work or use other leave types (annual leave, unpaid leave, parental leave) for ongoing needs.
| Emergency type | Example |
|---|---|
| Illness or injury | Child has an asthma attack and needs to go to hospital |
| Care arrangement breakdown | Regular childminder cancels at short notice |
| Death of a dependant | Parent dies — employee needs time for funeral arrangements |
| Dependant in labour | Employee’s partner goes into labour unexpectedly |
| School incident | Child is involved in a bullying incident requiring parental attendance |
How much time off is “reasonable”
The law does not specify a fixed number of days. “Reasonable” depends on the nature of the emergency. In practice:
- 1 day is common for minor disruptions (e.g., a child’s brief illness).
- 2–3 days may be needed for more serious emergencies (e.g., arranging care after a death).
- Longer periods may be appropriate for complex situations (e.g., a dependant in intensive care).
You should not set arbitrary limits (e.g., “only 2 days per year”) — each emergency must be assessed individually. However, you can request that the employee keeps you informed and provides evidence if you have reasonable grounds to doubt the claim.
Notification and evidence
The employee must notify you as soon as is reasonably practicable. They should tell you:
- That they are taking time off under s.57A.
- The reason for the absence.
- How long they expect to be away.
You can ask for evidence (e.g., a hospital letter, death certificate) if you have reasonable grounds to doubt the claim, but you cannot require it as a condition of granting the leave. The employee must be given a reasonable opportunity to provide the evidence.
What happens after the emergency
Once the immediate crisis is over, the employee should return to work. If they need additional time off, they should request:
- Annual leave — for planned or extended absences.
- Unpaid leave — if annual leave is exhausted.
- Parental leave — for childcare-related emergencies involving their own children.
- Compassionate leave — at your discretion.
You are not required to grant extended time off under s.57A — the right is limited to the emergency itself and its immediate aftermath.
Employer obligations
UK employers have four core duties around time off for dependants:
- Grant the leave — you cannot refuse a genuine request for time off for a dependant emergency.
- Do not penalise the employee — dismissal, reduction in pay, or loss of promotion for taking this leave is automatically unfair.
- Keep records of the absence and the reason given.
- Allow flexible return arrangements — the employee may need a gradual return or adjusted hours after the emergency.
For more UK context, see our guides to jury service leave, carer’s leave, and unpaid leave.
Frequently asked questions
How many days can I take off for dependants?
There is no fixed limit. You can take a “reasonable” amount of time for each emergency. In practice, this is usually 1–3 days per occurrence.
Is time off for dependants paid?
The statutory right is unpaid. Your contract may provide paid dependant leave — check your employment terms.
Can my employer refuse time off for dependants?
No, provided you have a genuine emergency involving a dependant. Your employer can ask for evidence but cannot refuse a valid request.
Does time off for dependants apply to pets?
No. The statutory right only covers human dependants. However, your employer may grant compassionate leave for a pet emergency at their discretion.
Can I take time off for a dependant’s medical appointment?
Not under s.57A. The right covers emergencies, not planned appointments. You may be able to use annual leave or unpaid leave for planned medical appointments.
Putting it into practice
Five steps keep your dependant leave process fair:
- Include time off for dependants in your absence management policy — explain the right and how employees should notify you.
- Handle each request individually — do not set arbitrary limits on the number of days.
- Record the absence separately from sick leave or annual leave for accurate tracking.
- Allow flexible return arrangements after the emergency — the employee may need adjusted hours.
- Review your policy annually to ensure it aligns with current employment law guidance.
A leave management system that tracks time off for dependants as a distinct absence type, handles ad-hoc notifications, and applies no arbitrary caps keeps this statutory right simple to manage.
Sources
- GOV.UK — Time off for dependants (primary source)
- Employment Rights Act 1996, s.57A
- ACAS — Time off for dependants
Last updated: 26 July 2026. This article is general information, not legal advice. Employment law on dependant leave may change — confirm current obligations with ACAS.