Life has a habit of throwing curveballs and that means even the most diligent employee may need emergency leave from work. From a child becoming sick to a partner’s accident, employees are entitled to a reasonable amount of time off work to deal with emergencies.

Employers must understand employees’ rights in these circumstances. Having an emergency leave from work policy clarifies how employees can request leave. 

Failing to have a full understanding can result in issues. So let’s unpack what family – or dependent – emergency leave means. And, just as importantly, what it doesn’t!

What is employee emergency leave?

Employees have a legal right that allows them to take reasonable time off to deal with an unexpected event that involves a dependent. In those cases, employees have the right to take unpaid time off work, although some employers choose to offer paid leave.

The full legal explanation is outlined by the Employment Rights Act 1996. In it, dependents are classed by the government as a:

• Spouse (including civil partners)
• Child
• Grandchild
• Parent

It can also include someone who is in your care, such as an elderly relative. But it doesn’t include housemates or lodgers. Family emergency leave is not the same as compassionate leave, which is when an employee needs time off to deal with the loss of a loved one. And that shouldn’t be confused with bereavement leave, where employees require time to grieve and deal with preparations after the loss of a loved one.

Types of emergencies

When dealing with employee emergency leave, it is essential for employers to understand what counts as an emergency. The situation does not have to be life-threatening, it must simply be a circumstance involving a dependent that is unforeseen. This includes a dependant suddenly falling ill. 

For employees with children, this can happen at any time with bugs being passed about the playground. For example, in 2023/24 there has been a rise in whooping cough and scarlet fever cases in schools. Other cases that the government uses to outline emergency leave include:

• A dependent falling ill, with either mental or physical illness.
• A childminder failing to attend or you need to make alternative childcare arrangements.
• An unexpected incident that involves a child during school hours.
• Sudden issues with the care arrangements of a dependent.

How much time can employees take?

There is no set limit for how much time employees are given, but it is expected to be ‘reasonable’. Employers must assess each situation on its own merits. One or two days is usually considered acceptable for a child falling ill or for unexpected care issues. To clarify the situation, employers should:

• Have a clear emergency leave policy in place.
• Show flexibility, such as considering remote work options. 
• Be empathetic as this helps employees feel valued and supported.
• Communicate clearly so employees know their rights and the limitations of emergency leave.
• Document everything.

Family emergency leave tribunals

It is essential that employers fully understand what constitutes emergency leave. Failing to do so can lead to employees taking the issue to tribunals. These examples highlight what is legally deemed ‘emergency leave’.

An appeal tribunal ruled that the Royal Bank of Scotland was wrong to formally discipline an employee whose childminder announced she could not work on a specific day.

In RBS plc v Harrison, Mrs Harrison was unable to find an alternative person to look after her child, and had to take the day off. The tribunal ruled that she had ‘suffered a detriment due to exercising her statutory entitlement to time off’. It said that the unavailability of her normal childminder was ‘unexpected’ and time off was ‘necessary’.

But in Qua v John Ford Morrison Solicitors, a tribunal ruled against an employee who used emergency leave to care for her child with an ongoing medical condition. It said that the legislation only covered unforeseen emergencies.

What should I do?

If you are an employer and haven’t got an emergency leave from work policy in place, contact our experienced team today.