This fact sheet gives you FACTS and TIPS regarding your rights relating to unpaid time off work to provide or arrange for care for your child. The below information is correct as of January 1st 2025 and was kindly drafted by The Chester Community Law Project from The University of Chester’s School of Law and Social Justice Department for Pregnant Then Screwed.
PART ONE – TIME OFF FOR DEPENDANTS
FACT: You can take a reasonable amount of time off during working hours when something happens to your child or your childcare arrangements
TIPS:
This right applies regardless of your length of service, whether you are full time or part time, or whether you’re on a fixed term contract.
You can take time off work for things like the following:
– Dealing with an incident that happens while your child is at school or in a childcare setting;
– To help when your child falls ill or is injured;
– To make arrangements for the care of an ill child;
– If you suffer the bereavement of a child;
– If you suffer an unexpected disruption or termination of childcare arrangements.
– Dependants’ leave is unpaid
FACT: Time off for dependants is usually taken in periods of a few days, not longer.
TIPS:
– You are allowed a ‘reasonable’ amount of time off. For example, if your child falls ill, you would be allowed time off to take your child to the doctor and arrange alternative childcare if they cannot be in school.
– The amount of time off you’ll be allowed will depend on individual circumstances, but is normally no more than 1 or 2 days.
– If you need an extended period of time off (e.g. to stay at home while your child is off school) your employer may ask you to take annual leave or parental leave, or may have a policy about what happens in these circumstances.
FACT: The law doesn’t require your employer to pay you for dependants’ leave.
TIPS:
– Check your employer’s policy to see whether they pay for dependant leave.
– You may be able to request paid annual leave if your employer doesn’t pay its employees for dependant leave.
FACT: There are no limits on how many times you can take time off for dependants.
TIPS:
– Your employer is not allowed to treat you unfairly, for example by demoting or dismissing you, because you have taken – or tried to take – time off for dependants.
– If you think this has happened, you should seek advice.
PART TWO – CARERS’ LEAVE
FACT: If you have a dependant with a long-term care need, you may take up to one week’s unpaid leave in each rolling 12-month period. The purpose of the leave must be to provide or arrange care.
TIP: All employees have the right to take this type of leave, regardless of their length of service.
FACT: for you to qualify for carers’ leave, your dependant must have a physical or mental illness or injury that means they’re expected to need care for more than 3 months; or a disability as defined in the Equality Act 2010; or care needs because of their old age.
TIP: the leave can be taken in either individual days or half days, up to a block of one working week.
FACT: you must notify your employer that you intend to take leave: you need to give notice of either twice as many days as the period of leave or three days, whichever is longer.
TIP: Notice does not need to be given in writing, and you’re not required to evidence the request before leave is granted.
FACT: A request for carers’ leave cannot be declined – but the employer is permitted to postpone the period of leave where they reasonably consider that the operation of the business would be unduly disrupted if it allowed the leave during the requested period.
TIP: If your employer does delay the leave, you’re entitled to another period of leave of the same duration within one month of the date you originally requested. Your employer must put the reason for the delay and new date in writing within 7 days of your original request, and before the requested start date of the leave.
With special thanks to
