The Laws on Dependency Leave for Parents

Author: Abigail Taylor

Dependency leave is time taken off work in order to deal with an emergency involving a dependent.

Who is a dependent?

A dependant is someone who relies on you for care. For example:

Your spouse (wife / husband)
Your child
Your parent
Your grand-child
Your civil partner

What is an emergency?

An emergency is a serious and unexpected situation requiring immediate action. For example:

An injury or illness (e.g. a car accident, or simply an elderly relative falling in their home and requiring A&E medical attention)
The sudden worsening of a pre-existing condition
A dependant, who is reliant on you to take them to hospital, suddenly goes into labour
If childcare arrangements are suddenly disrupted (e.g. your child's nursery closes unexpectedly)
If your child is involved in an incident at school (e.g. a playground fight or expulsion from school)

An emergency situation is not something that you know about in advance (e.g. a hospital appointment, or school holidays, or if your childminder tells you a few days before that they cannot look after your child etc).

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How much time can I take off?

You are entitled to take a reasonable amount of time off to deal with an emergency. The amount of time required will depend upon the nature of the emergency.

Example:

Your child has suddenly come up with chicken pox overnight and so is turned away from nursery. You can take time off to attend a GP (if required) or make alternative child care arrangements. If you then want to take several days off to comfort your child during their recovery, that is no longer an emergency and so your employer may require you to take annual leave or parental leave to cover that additional period.

There is no limit on the number of times per year that you can take dependency leave. However your employer may become concerned and take action if this is becoming a regular occurrence and affecting your ability to carry out your job.

How much will I get paid?

Your employer doesn't have to pay you during dependency leave. (You may therefore choose to take paid holiday if you can't afford to lose pay.) However check your employment contract or employee handbook for your employer's policy on dependency leave pay.

How do you request emergency leave?

If you are dealing with an emergency situation, it is often not possible to let your employer know in advance that you will need time off. However you should let your employer know as soon as possible what is going on and how long you will need off.

If you are dealing with an ongoing situation you should keep your employer updated with your likely time off.

Example:

Your husband is in a serious car accident and his medical condition / whether emergency surgery is required is currently unknown. You might ring your employer from a taxi as you dash to hospital to say you won't be in that day. Once you have seen your husband and the hospital has decided that emergency surgery is required overnight, you should at an appropriate moment again get in touch with your employer to let them know that you won't be able to come in the next day due to still being required at the hospital.

Will taking dependency leave adversely affect my career?

Your employer is not legally allowed to treat you unfairly as a result of you taking dependency leave. For example, they should not refuse you promotion or choose you for redundancy on that basis.

If you feel that your employer is/has treat you unfairly as a result of taking dependency leave, speak to:

Your trade union representative
ACAS - 0300 123 1100
Your local Citizen's Advice Bureau

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50 Comments

Ask a Question or Comment

kelly 24 Nov 2020

my 14 year old daughter gave birth to a baby boy on sunday we didnt know she was pregnant and neither did she , her and the baby will be coming home to live with us, i work for the nhs, am i entitled to any paid time off? i cant leave her on her own with a new born many thanks

Sj 1 Dec 2019

I am a single parent and have worked part time since my daughter was 6 months old. She has just last week been diagnosed with type 1 diabetes and an under active thyroid at 14 years old. Already I am struggling with the enormity of her day and nightly needs and I would like to know if it is possible for me to leave work and what i should expect applying for benefits. I have been told i cannot apply for DLA or carers allowance until 3 months after diagnosis. My daughter needs me now and the sheer thought of juggling all of this for 3 months terrifies me. If may be worth mentioning that i work in a different area and on average it would take me a minimum of 60 mins to get to her if she has a hypo no matter how flexible and accommodating my boss is. She needs me.

Nikki 9 Oct 2019

If the amount of dependent leave was frequent (i.e 15 times in twelve months) would it be dealt with under the disciplinary procedure? Thank you

Kk 9 Sep 2019

I have a disabled child and am a single working parent. At the end of last school term my son had a decline in his mental state which meant my sons school needed my support to help him access the building until he was settled. This lead to me being late into work on 6 occasions during that month loosing around 4 hours combined. I subsequently received an improvement notice and threat of further disciplinary action leading to dismissal. Is this lawful on their behalf and is this circumstance covered by emergency parental leave.

Flid 7 Aug 2019

Hello can I be disciplined for having time off for a dependent

Cam 9 Jul 2019

Recently my son has came down with scarlet fever, starting the Friday he was sent home from school, I rang up work and explained what had happened and that I wasn't sure if I could come in for my night shift as I started at 7 but arranged for someone to cover if I couldn't go in but my lb was meant to be staying at his nans, however when he's poorly he won't stay with anyone except me. I work every weekend due to my partners work hour whether it be Friday sat Sunday or 2 days out of them. I went into work the saterday as I was on antibiotics and the virus wasn't able to touch me, I had been taken of all my Rota for the whole month as my deputy manager had said I hadn't rang in when in fact I followed all protocol and rang with reasonable time (as soon as I got home with my lb) the messaged wasn't passed on to the night team although this situation was easily sorted due to miscommunication , this weekend he's been horrendous with his asthma and I had to leave early hours just past midnight on sunday to be with him as his dad leaves early hours Monday for work, so today I have training 10 till 12 but can not make it as I don't have childcare and he doesn't go school till 1 anyway which is what I told them in my interview, just wondering where I stand as I feel I'm being punished for this, my lb is 4

NS 27 Jun 2019

What happens if you have no other childcare options when your child is unwell. As a sole carer it has to be me who is with my child. He has frequent eczema related infections/ illness. I am being threatened with disciplinary action for my dependants leave. Which I've taken unpaid.

carissa 20 Feb 2019

does this cover snow days and inclimate weather or just health??

axp23 11 Jul 2018

Hi I took one day off because of my partner. She gave birth 2 weeks ago and now she has back a severe depression ( she got also depression during pregnancy ) my employer knows about her situation but now they told me i.ll be fired if i can.t sort the things out. Mental health doctor advise me not to leave her alone with the baby at the moment ( after the treatment is kick in again she will be able to stay alone ) what should i do in this situation if they will disssmised me ?

LawAndParents Editor 5 Jul 2018

Had you previously booked planned time for the birth. The time off for dependents rules are for short term emergencies but parents are entitled to parental leave for this kind of eventuality....take a look at the governemnt advice here. You should also be entitled to paid paternity leave.

DanG 2 Jul 2018

I am on paternity leave at present. I have 2 children. My newborn is on neo ward on oxygen as he is struggling to stay saturated. My eldest is a 2.5yr old dependant. Due to newborn not coming home and mother breastfeeding i would have nobody to care for my eldest during the times she must go into hosp to feed newborn. We only got told the newborn would be staying in today and i am supposed to be going back to work in 2 days. As i think it is unreasonable to expect a mother to breast feed and look after a 2yr old on a hospital ward on her own, would this warrant me taking TOFD to look afyer my eldest until baby is out of hosp? Thanks Dan

Poodle 7 Jun 2018

Can your boss stop you from seeing your poorly 3 year old child in hospital if you dont live with the child due to relationship break up but share parental responsibility

LawAndParents Editor 5 Jun 2018

This is your employer's choice. They may be willing to offer you the extra days as unpaid leave but it's their decision - they're not obliged to do this as regular counselling meet the criteria for dependency leave.

Mag 4 Jun 2018

I have asked my employer for 1 day off a week so I can take my partner to counselling for personal reasons. I do not want to disclose the personal reasons as my partner is not willing to tell everyone that she was raped. I have been told to maybe look at using my leave but feel I will not have enough annual leave days to cover the lengthly process of healing that my partner needs and wants me to support her through.

LawAndParents Editor 30 May 2018

Yes dependence leave doesn't have to be paid and is not normally given by employers for a period as long as 7 days. If you were already off sick, you should still have been paid statutory sick pay for the period of sickness.

Toddlermum94 30 May 2018

I have worked for my current employer for 9 months and my son is going in for an operation on a Friday. I usually work all weekend but have requested to take the weekend off to look after my son. My manager has said she can give me the Saturday but not the Sunday. My son won’t be recovered by the Sunday and I don’t feel comfortable leaving him. Because I’ve not worked here a year I’m not entitled to parental leave what am I entitled to as it’s not an emergency? The operation coincides with Eid and other colleagues have requested this time off for that but I don’t feel comfortable working 2 days after his operation. Do I have any rights?

LawAndParents Editor 29 May 2018

Do you have alternative child care arrangements for times when you child is sick?

Leo 29 May 2018

Can my employees stop me going home to look after my 3 years old and 6moth old baby as my partner is looking after her I’ll mother

Cc 28 May 2018

Hi, I messaged the other day about taking dependency leave unpaid however after a 2nd meeting with my manager he has advised me that I can not take this as my child was just ill and was not a life or death situation. I had 1day off due to her being ill and he has put this down as sickness and advised me that this will go against my sickness. What would be my next step? He has spoken With our HR and they have said he is doing the right thing. I did say it’s my right but in his words I am demanding to take it unpaid so he said holiday or make time up but then agreed unpaid against my sickness. Thank you

Nicci 26 May 2018

Hi I was off with the flu but within that time my daughter fell ill and was admittied to hospital. She had to have a major operation so we where in hospital for 7 days. I was told that there was no such thing as dependence leave and was told to take 6 days leave and 6 days sick. When this was brought up in a meeting I was Informed that this was incorrect and I should get my sick pay back that was took off me. I sent an email to have this looked into and now they are saying that dependence leave is unpaid. Is this correct.

LawAndParents Editor 23 May 2018

It depends on your previous record really. We can't comment without a lot more information.

Poodle 22 May 2018

I’m on my final warning at work, but had to take a day off as my child fell unwell, I phoned in to inform my manager before my shift started, can he sack me for it?

LawAndParents Editor 21 May 2018

No your employer should not ask you to rearrange your hours/make up the time or use annual leave for the initial emergency, but once you've dealt with the emergency (e.g. made arrangements for alternative care, taken your child to A&E etc) you can be asked to use annual leave or make up the time if you require further time off.

Cc 20 May 2018

Hi, I have had to take emergency leave from work due to my child being ill, I called up to notify my manager and was asked what I wanted to do 1. Make the time up or 2. Take holiday, I did ask is this right as I thought it was unpaid which I was happy to take as unpaid but she advised me no they don’t do unpaid. Is this correct as I have been with the company over 4 years and in the past it has been unpaid. Thank You

LawAndParents Editor 16 May 2018

Employees are entitled to (a reasonable amount of) unpaid time off to deal with the emergencies, such as a break down in childcare, but there’s no set amount of time as it depends on the situation. You're generally expected to resolve the situation as soon as possible (i.e use a morning to arrange for your standby/substitute childcare options to be put in place). Time off for dependents' emergencies cannot be taken if you knew about a situation beforehand. For example you wouldn’t be covered if you wanted to take your child to hospital for an appointment, or knew in advance that your childminder wouldn't be around etc. If you want to book annual to leave to cover eventualities like this, it would depend on your employer's policy on taking leave. This applies to all employees both male and female.

smith 14 May 2018

Hi I have requested one day of due to nobody to look after child and was asked to amke other arrangements is this legal I should be allowed time of I feel because i am a man they do not allow this

LawAndParents Editor 19 Mar 2018

Have you taken this from your annual leave entitlement or asked for unpaid leave?

NIC 16 Mar 2018

hi I have worked for biritish gas for 5 years and my little boy is 3 yrs old and has had a operation because off this it affecs him in the long run I have had to take a few days off here an there can they sack me because off this.

LawAndParents Editor 12 Mar 2018

He should have a right to take parental leave (note, this must be taken in 1 week blocks). It's worth talking to a union rep or ACAS about this.

Janeb 9 Mar 2018

We received a letter 2 days ago with our child's surgery date (it's in 3 weeks time) My partner applied for annual leave yesterday for 3 days and was declined.... so then applied for dependency leave (unpaid is fine) and also been declined! Our 3 year old is going for a serious surgical procedure. Can they refuse?

Amanda37 11 Dec 2017

Hi a few years ago my partner at the time came home in a drunken temper and proceeded to smash the house up before leaving before the police arrived and threatening to come back the next day to finish what he started. I rang work the following morning to explain the situation and that I had to stay home with my children in case he returned as he had keys and I also had to clean the mess. I was given a verbal warning for doing so. Its now on my work record for good. Were they right to do that?

LawAndParents Editor 13 Oct 2017

Yes your manager can refuse. You can’t have time off if you knew about a situation beforehand. Parental leave can cover some situations like this. Parental leave is unpaid and you’re entitled to 18 weeks’ leave for each child and adopted child, up to their 18th birthday (with a limit of 4 weeks per year for each child). Parental leave must be take as whole weeks rather than individual days, unless your employer agrees otherwise. Parents must have worked for their employer for at least one year before being eligible for parental leave and must give 21 days notice of any leave they propose taking.

Bignidge 12 Oct 2017

Can my company refuse dependency leave? I asked for 2 days leave at the end of the month due to having no cover because of school holiday and my manager said because half term is not an emergency I can't have it.

LawAndParents Editor 29 Sep 2017

Yes the law applies to any company operating in the UK. You are allowed a reasonable amount of time off to deal with an emergency involving a dependant. Your employer doesn't have to pay you for time off for dependants so if you don't take it as annual leave, you cannot expect it to be paid.

Booboo 28 Sep 2017

Are UK company was bought by a Spanish company I assumed this law still applies? My daughter came down with gastroenteritis Thurs so I couldn't go in Friday. Work want me to take as a days holiday, which I don't have much of now as I used holiday when she had chicken pox. Is this Dependency Leave unpaid if I don't take it as holiday? TIA

LawAndParents Editor 25 Jul 2017

This will depend on your employer's policy really. All employees are entitled to a "reasonable" amount of time to deal with unforeseen matters and emergencies relating to dependents, such as a breakdown in childcare arrangements. If you have already taken time off for similar instances, your employer may have felt it was reasonable to dismiss you. The usual dismissal procedures should have been followed correctly though.

Kev722 18 Jul 2017

I had no child care for my 6 year old after school so I informed my boss and asked for half a day which they declined I told them I had no choice and would have to go anyway which I did when I went in the next day they fired me I had not had a single warning before can they do this.

ShelleyG 21 Jun 2017

My daughter (who is 12) will be having an operation on her ankle in the next couple of months, she will be staying in hospital for 2 - 3 days. She will be in plaster as the operation involves artificial bone being placed in her ankle. I work part time, 20 hours per week. How much time are I entitled to have off unpaid?? Thanks

LawAndParents Editor 21 Mar 2017

This depends on the company's absence policy. Have you taken annual leave to cover any of these 4 days? Or is it all the employer's time. Do you have anyone else who can help with childcare such as the father of your son or any grandparents?

LawAndParents Editor 20 Mar 2017

We think most employers would consider a sick child an emergency but not a sick childminder. Most good childminders will have a stand-in/help for times when they're sick. If your childcare ararngements fail most employers would expect you to take a day's leave or at least reserve the right to ask more questions about it.

Smurfy 18 Mar 2017

Hi i took 4 days off on 3 occasions in the last 11 months to look after my son as im a single parent due to this i have been given a final written warning. Is this right can my company do this to me??

Acooper123 17 Mar 2017

Law and parents - your response is completely wrong to the question in this thread. Employees are under no obligation to have a back up plan in place if any situation arises resulting in a break down of child care. Klaus has every right to take a reasonable amount of time off to deal with this emergency and it should be given as a dependency day. I'm an employment lawyer myself.

LawAndParents Editor 22 Feb 2017

. As an employee you’re allowed time off to deal with an emergency involving a dependant. It would not be considered an emergency that your child minder is sick. All childcare users should really have a back up plan. If there is no work cover to allow you to book a day's leave then it's understandable that your employer wants to ask you more about your reasons.

Klaus 18 Feb 2017

My child minder has just gone sick and I cannot go to work. Not having anybody else to look after my children today I called my employer (British Airways) to give them as much notice as possible because I cannot go to work tomorrow and they have refused to give me a dependency day. Rather they will put me down as a "no show" (I work as Cabin Crew) and then I will have to explain my reasons to my manager. Normally the day will be taken off as unpaid leave. I've just read that my reason constitutes a need for dependency day therefore I wonder whether British Airways is breaking the law.

Handicap Slasher 21 Jul 2015

Wooley and Co, where the hell did you get that incorrect info from. Dependency leave is not rationed or limited. There are no limits to the number of times it can be used. Neither can your employer single you out for unfair treatment for taking it. Suggest you get you facts right I future !!!!

Unionman 25 Jan 2013

This is without doubt the most misleading and factually incorrect information on dependency leave I have ever read. There are no laws that state that dependency leave must be applied for. There is no limit to the number of dependency days that can be taken. Time taken off work for dependency days does not have to be worked back. Pre-arranged hospital, doctor or dental visits would not qualify as dependency days. Dependency days are for sudden, unexpected situations that occur and involve someone who is dependant on you. You may not be able to forewarn your employer but should do so at the earliest opportunity. Please provide proof that dependency leave is rationed.The law certainly does not state this, and the Employment Rights Act 1996 contadicts most of your information.

Dozz 12 Jul 2012

My ex and I have been separated for 8 months and have since had a good routine in place with custody of our 2 and half year old son. But recently for personal and bitter reasons she is now refusing my access unless I take her to court. I have been having him three nights a week, two of which the following mornings i take him to nursery and i have always been flexible with access and have accomodated her needs with varying work patterns as she works for the NHS. Is there anything legally stopping me from collecting my son from nursery and withholding him until SHE takes ME to court? This isnt something i wish to do but i simply couldnt bare to not see my son for as long as it takes to get to court. I am on the birth certificate and have always had a good bond with my son, she is withholding him out of pure vengeance and nothing more, i see yhis as spiting the child of a good relationship with his dad. If i was to withhold him from her can the police order me to hand him back to her? And would it have a negative affect on my case in court?

Tornado 24 Nov 2011

My son has an appointment ( hopefully the last depending on the news ) with a specialist but my work are refusing me time off. They have said I cannot have unpaid leave and my use 1 of my holiday days. All my holiday allowance is either booked in or used already. What can I do? Thanks

TARA 18 Oct 2011

I wanted to find out if there an act called Dependance for employyes who children and have requested to take time to look after children. What if you have requested time off to takecare of children and you are refused. what can be done.pls help.

danch 29 Jul 2011

I think your facts are wrong, there is no limit on dependency leave & it is not the employers guidelines to follow but the governments. Regards

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