BWF members such as yourselves frequently use our Member and Technical Helplines for assistance on a wide range of Employment, Health and Safety, Contractual and Technical issues. We’re putting up a frequently asked question every Tuesday in order to help members and illustrate the type of advice we are able to provide. If you have any questions that you would like to see featured, we would be happy to assist. This question and many others like it can be found in our Question Centre. If you want further advice on any of the issues, don’t hesitate to ring the helpline or browse our extensive publications library, which includes our ‘Discipline in Employment’ guide, redundancy guidance, training advice, procedures for dealing with ill health absences, and, of course, the BWF’s Employee Handbook. This week: How much time off am I required to give an employee to deal with a family emergency? Employers are required to allow their staff to take time off from work to deal with emergencies involving people who depend on them (for example a spouse, partner, child or parent). This right enables employees to take action which is necessary:
– if a dependant falls ill, or has been injured or assaulted;
– when a dependant is having a baby;
– to make longer term care arrangements for a dependant who is ill or injured;
– to deal with a death of a dependant;
– to deal with an unexpected disruption or breakdown of care arrangements for a dependant;
– to deal with an unexpected incident involving the employee’s child during school hours.
The legislation does not specify the amount of time off which it is reasonable that an employer is required to give, since this will vary with the differing circumstances of an emergency. One or two days would generally be sufficient to deal with the problem, for example, if a child falls ill with chickenpox, the leave should be enough to help the employee cope with the crisis – to deal with the immediate care of the child, visit the doctor if necessary, and to make longer term care arrangements. The employee is not entitled to take two weeks leave to look after a sick child, but can use this right to take time off to arrange alternative longer term care arrangements, for example making arrangements to employ a temporary carer or taking a sick child to stay with relatives.
There is also no limit on the number of times an employee can be absent from work under this right. However, the provision is meant to cover genuinely unforeseen matters. If employees know in advance that they are going to need time off, they should ask for annual leave in the usual way, or parental leave if appropriate.
In the case of events such as a funeral overseas, then the employer and employee will need to agree a length of absence which is reasonable in these circumstances.
In the event of a dispute, it will be up to an employment tribunal to determine what is reasonable.
The employee is not entitled to be paid for the time off, unless it is mentioned in the contract of employment, so whether the employee will be paid is usually up to the discretion of the employer.