Emergency Family Leave

There can be nothing more fulfilling than looking after an elderly loved one. To spend time taking care of the person that cared for you can be an incredibly rewarding experience. Of course, that experience isn’t as easy when you have to work full time or perhaps have children of your own that are dependent on you. In what already is an anxious time, it can stretch you thinner than you ever imagined. When their health takes a turn for the worse, you are faced with the realisation that you will have to take emergency family leave from work to help them. So, in the UK, what are you exactly entitled to?

In the UK, it is possible to take emergency family leave for an elderly loved one. This can be an incredibly stressful and emotional time, so it is important to understand your rights and responsibilities. In this article, we will explain what emergency family leave is, who is eligible, and what you should do if you need to take it.

What is emergency family leave?

Emergency family leave is time off from work that is available to employees who need to care for a dependent family member, child or elderly loved one, in an emergency. If an elderly dependent falls ill you could take time off to go to the doctor and make care arrangements. Until the Carer's Leave Bill is introduced, granting every unpaid carer 7 days of unpaid leave, there is no set amount of time you can take off. It is entirely dependent on the situation and terms with your employer.

What should you do if you need to take emergency family leave?

The first thing you should do If you need to take emergency family leave, is inform your employer as soon as possible. You should explain the situation and how long you expect to be away from work. With regards to what kind of leave you can take off at your organisation, your rights in work come from two sources:

• The law gives you 'statutory rights' which everyone has.
• Your contract of employment gives you 'contractual rights' which can be more generous than statutory rights.

Is there a limit?

There is no official limit on how many times you can take time off for dependants. Your employer may want to talk to you if they think time off is affecting your work. Your employer may then ask you to take annual leave if you want to look after your elderly loved one for longer. Unfortunately, until the aforementioned Carer's Leave Bill is passed, the amount of leave you can receive is based on your employment. Perhaps your workplace has a benefit where you can take more paid leave off for care. It is worth talking to your employer or exploring your benefit providers packages to see what you are contractually obliged to.

Can you get paid for time off?

Depending on what benefits you might have, your employer may pay you for time off to look after an elderly dependent, but strictly they do not have to. Again, check your contract, benefit provider or with your HR team to see if there are rules about this. Whilst you may not be able to get paid for your emergency leave, remember you now have the statutory right to request flexible working if you have been an employee with 26 weeks (six months) of continuous employment at the time you make an application.

Compassionate leave

It is important to remember that your employer cannot refuse your request for emergency family leave, and they cannot penalise or discriminate against you. This is a highly emotional and stressful point that happens to most people in their lives, so working in an ethical and empathetic workplace is paramount. If you are not given time off for dependants, your employer may allow you 'compassionate leave' - this can be paid or unpaid leave for emergency situations. Whilst unlikely, an employee may complain to an employment tribunal that their employer has:

• Unreasonably postponed a period of carers leave or,
• Prevented or attempted to prevent the employee from taking carers leave.

More tribunal info can be found at https://www.gov.uk/employment-tribunals