Also known as “time off for dependants” or “compassionate leave” in some companies, emergency leave from work is an entitlement for all employees who have dependents. Here, we examine what emergency leave at work is, who can take it, and how employers can manage it. All employers should have an Emergency Leave From Work policy that clarifies how employees can request emergency leave if it applies to them.
Emergency Leave Defined
Emergency leave is a legal right that allows employees to take reasonable time off work to deal with an unexpected event involving a dependant. A dependant is anyone who relies on the employee for their care.
Dependants can include
- a spouse (including civil partners)
- child
- grandchild
- parent
However, it can also include people living in your house who may not be related to you but depend on your care, or even someone like an elderly neighbour you help look after regularly. It does not include tenants, boarders or lodgers.
Emergency leave is enshrined in law under the Employment Rights Act 1996.
What Types of Emergencies Are Included?
The UK Government does not have a comprehensive list of the different types of emergencies that constitute emergency leave at work. Instead, it provides examples of where emergency leave can apply, such as:
- a child becoming ill (mentally or physically) suddenly
- a child being involved in an incident at school, on a school trip or elsewhere that you have to deal with immediately
- unexpected disruption to your childcare arrangements, such as a childminder getting ill or injured
- a dependant falls ill or dies, and you need to take immediate action
- disruption to care arrangements for an elderly relative or neighbour
- an unexpected early labour if a dependant is pregnant
The circumstances are not necessarily life-threatening, but they are unplanned and involve someone who depends on the employee for care.
If an emergency arises that affects the employee and does not impact a dependant, other types of leave, such as annual, bereavement, unpaid or time off in lieu, will be more appropriate.
How Long Does Emergency Leave Last?
Emergency leave at work gives employees the right to a “reasonable” amount of time off to deal with an unexpected emergency involving the people dependent on them. Therefore, there is no set limit to how long emergency leave lasts, as what is reasonable will depend on the circumstances. Employers must assess each situation on its own merits and be flexible.
However, one or maybe two days of emergency leave is generally accepted as long enough to deal with a situation such as when a child falls ill or when there are unplanned care arrangements issues.
How Can I Request Emergency Leave?
Legally, you do not have to give written proof or put a request for emergency leave in writing. Your employment contract should stipulate how you are expected to communicate when you need emergency leave. If not, ask your manager or HR team so you are clear.
For obvious reasons, you are expected to tell your employer as soon as possible if you need emergency leave so they can make arrangements immediately to cover your workload. Your employer may also ask you to request emergency leave using the leave system they have in place, as this helps them to track the leave and communicate the situation to other employees. Your company handbook should outline the policy and process for requesting emergency leave.
Does Requesting Emergency Leave Affect My Rights?
Under the Employment Rights Act 1996, requesting emergency leave must not affect your rights. For example, your employer cannot penalise you for taking emergency leave or refuse a reasonable request for emergency leave. You cannot be refused reasonable time to deal with a family emergency involving those who are dependent on you.
Absence Management with Factorial
Absence management software (also called leave management software) can streamline the management of emergency leave requests. Factorial allows you to manage leave requests immediately, get complete visibility on who is on holiday and absences, and implement policies tailored to your organisation. With our mobile app, you can also manage all leave requests from wherever you are.
