Time Off for Dependants UK: Rules, Pay and Limits

Time off for dependants, often called dependants leave or emergency leave, comes from section 57A of the Employment Rights Act 1996. It entitles an employee to be permitted to take a reasonable amount of time off during working hours to take action that is necessary to deal with certain emergencies involving a dependant.

The right applies to anyone legally classed as an employee. Section 57A sets no minimum length of service, so it applies from the first day of employment. Workers who are not employees, such as some agency workers and contractors, are not covered by the statutory right, although an employer can choose to extend its own policy to them.

The right is for dealing with the immediate emergency and making arrangements, not for providing longer-term care. GOV.UK's example is a child falling ill: the employee can take time off to go to the doctor and make care arrangements, and the employer may then ask them to take annual leave or parental leave if they want to look after the child for longer.

The core definition in section 57A covers a spouse or civil partner, a child, a parent, and a person who lives in the same household as the employee other than as their employee, tenant, lodger or boarder. Acas also lists a partner within this group.

For illness, injury, assault and disrupted care arrangements, the definition is wider. It also includes anyone who reasonably relies on the employee for help when they fall ill or are injured or assaulted, or to make arrangements for their care. Acas gives an elderly neighbour as an example. GOV.UK lists a grandchild as someone who could be a dependant; a grandchild will usually qualify where they live in the household or reasonably rely on the employee in the circumstances. Pets are not dependants under the statute.

Section 57A lists five situations. The common thread is that the situation is unexpected or needs immediate action. Illness includes mental illness and does not have to be life-threatening or need full-time care; an existing condition that has worsened can count.

The right does not cover something the employee knew about beforehand. GOV.UK gives the example of taking a child to a hospital appointment, which would not be covered, although the employee might be able to take unpaid parental leave instead. Time off after a birth to care for the baby is not covered unless there is an emergency, but a parent may be entitled to paternity or parental leave.

There is no statutory number of days. The law allows a reasonable amount of time off and does not say how much time or how many occasions; it depends on the situation. Acas says employers should be as flexible as they can be, depending on the employee's circumstances.

There is also no limit on how many times an employee can take time off for dependants in a year. An employer should not apply a fixed annual cap to the statutory right. If frequent absences are affecting work, GOV.UK says the employer may want to talk to the employee, and that conversation is the place to explore longer-term options such as carer's leave, unpaid parental leave, annual leave or flexible working.

In practice, decide what is reasonable case by case: how long the employee needs to deal with the immediate problem and put other arrangements in place. If the need continues beyond the emergency, move the absence onto a different, clearly recorded type of leave rather than stretching the emergency right.

The statutory right is to time off, not to pay. An employer may pay for time off for dependants but does not have to. Employees are told to check their contract, handbook or intranet for the employer's rules.

If you do pay, say so clearly in a written policy: how many days are paid, at what rate, and what happens after that. Treat employees consistently. Recording dependants leave as sickness is a mistake: it is a different absence and should not feed into sickness absence triggers. Where an employee is refused time off for dependants, the employer may allow compassionate leave, which can be paid or unpaid, under its own policy.

The right only applies if the employee tells the employer the reason for the absence as soon as reasonably practicable and, unless they cannot do so until after they are back at work, how long they expect to be absent. In a real emergency the employee may not be able to tell the employer before leaving work, but should do so as soon as possible.

The notice does not have to be in writing and the employee does not have to give written proof. Accept a phone call, text or message passed on by a colleague. Asking for paperwork before allowing time off defeats the purpose of an emergency right. Keep a short record of the date, the broad reason (for example, dependant illness rather than medical details), the time agreed and whether it was paid.

An employer must not refuse reasonable time off, treat the employee unfairly for taking it (for example by refusing training or promotion), or dismiss or select them for redundancy because they asked for time off for dependants. A dismissal or redundancy selection for taking or asking to take this time off is automatically unfair, and there is no minimum length of service needed to claim.

An employee who is unreasonably refused time off can complain to an employment tribunal. Following the Employment Rights Act 2025 change in force from 1 October 2026, section 57B allows a complaint within six months beginning with the date of the refusal, with Acas early conciliation able to extend that period. If the complaint succeeds, the tribunal makes a declaration and can award compensation that it considers just and equitable, having regard to the employer's default and the employee's loss.

Dependants leave is often confused with other family and caring leave. The table sets out the statutory position for the most common alternatives. Carer's leave and unpaid parental leave both need notice, so they suit planned care rather than the first hours of an emergency.