Time Off for Family and Dependants: Your Emergency Leave Rights

Time off for dependants, sometimes called emergency leave, comes from section 57A of the Employment Rights Act 1996. GOV.UK describes it in four paragraphs. The disputes that reach ACAS are almost never about whether the right exists - they are about how long is reasonable, what counts as an emergency, and where this right stops and unpaid parental leave or carer’s leave begins.

Who counts as a dependant

• Your spouse, civil partner or partner
• Your child or your parent
• Anyone who lives in your household, other than tenants, lodgers or employees
• Anyone who reasonably relies on you for help in an emergency - an elderly neighbour you check on daily can qualify

What counts as an emergency

The event must be unexpected or sudden: a dependant falls ill, gives birth, is injured or assaulted; care arrangements break down (the childminder cancels at 7am, a care home closes); an incident involves your child during school hours; or a dependant dies and you need to make arrangements. A medical appointment booked three weeks ago is not an emergency - that is annual leave, flexible working or carer’s leave territory.

How much time is reasonable

The statute deliberately sets no limit. Tribunal decisions treat one or two days as the normal ceiling for a single episode: enough to deal with the crisis and arrange care, not to provide the care yourself. A parent whose child breaks an arm can reasonably take the day of the injury and the following day to arrange cover - taking two weeks to nurse the child at home falls outside this right and into unpaid parental leave or annual leave.

Pay, notice and protection

The time is unpaid unless your contract says otherwise - check your handbook, as many employers pay for the first day or two. You must tell your employer the reason and expected duration as soon as reasonably practicable, but there is no written notice requirement and the right cannot be refused for a genuine emergency. Dismissal or detriment for taking it is automatically unfair, with no service requirement to claim.

Edge cases from the case law

• Repeated absences: the right refreshes with each genuine emergency, but a pattern of predictable failures in care arrangements stops being unexpected - tribunals have sided with employers where the same breakdown recurred without the employee addressing it.
• You do not need to name the statute when calling in - saying my mother has been taken to hospital, I need today is sufficient notice in law.
• The emergency does not need to be in the UK - a dependant taken seriously ill abroad triggers the right, though the reasonable time is for arranging matters, not necessarily travelling.

Related guides

This article provides general information only and is not legal or financial advice. Employment rights depend on your contract, employment status and circumstances. For advice on a specific situation, contact ACAS on 0300 123 1100 or a solicitor regulated by the SRA. Figures relate to the 2026/27 tax year and are verified against GOV.UK at the review date; always confirm current rates on GOV.UK before acting.

Frequently asked questions

Is time off for dependants paid?

Not by statute - it is unpaid unless your contract or staff handbook provides otherwise. Many employers pay for a limited number of days.

How many days can I take for a family emergency?

The law sets no fixed number. Reasonable normally means a day or two per episode - enough to deal with the emergency and arrange care - and there is no annual cap on the number of genuine emergencies.

Can my employer refuse emergency time off for my child?

Not for a genuine emergency involving a dependant. They can challenge whether the situation was an emergency, and dismissing or penalising you for a lawful absence is automatically unfair.

Do I need to have worked somewhere for a minimum period?

No. It is a day-one right for all employees, regardless of hours or length of service.

Is a pet emergency covered?

No. The statutory right covers people who depend on you, not animals. Pet emergencies rely on annual leave or employer goodwill.

What is the difference between this and carer’s leave?

Time off for dependants covers unexpected emergencies for as long as is reasonable, unpaid. Carer’s leave is a separate right to one planned week per year, also unpaid, for ongoing care needs.

Sources

• GOV.UK: Time off for family and dependants
• Employment Rights Act 1996, section 57A
• ACAS: Time off for dependants