make your free time off for dependants policy
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what is a time off for dependants policy?
a time off for dependants policy sets out a business’ (or other organisation’s) approach to employees’ statutory right to take time off to assist their dependants in emergencies. time off for dependants policies are not binding contracts between employers and workers. however, they do set out how employers will abide by the relevant statutory requirements which are compulsory.
when should i use a time off for dependants policy?
use this time off for dependants policy if:
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you run a business (or other organisation) which employs people
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you want to set out procedures for employees taking time off to assist their dependants in emergencies
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your business is based in england, wales or scotland
sample time off for dependants policy
the terms in your document will update based on the information you provide
about time off for dependants policies
learn more about making your time off for dependants policy
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how to make a time off for dependants policy
making a time off for dependants policy online is simple. just answer a few questions and 2022世界杯32强抽签时间 will build your document for you. when you have all of the details prepared in advance, making your document is a quick and easy process.
to make your time off for dependants policy you will need the following information:
employer details
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what is the employer’s name?
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which employment policies do you already have in place?
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a parental bereavement leave policy?
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can your existing policies be accessed online?
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during any time taken off to assist dependants, will employees:
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not be paid?
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be paid their normal rate of pay (for up to a set number of days)? what is the maximum number of days that employees will be paid for?
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if employees will receive paid time off for dependants
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do employees have to work for you for a certain amount of time before receiving pay during time off for dependants?
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if so, for how long do they need to work for you to qualify?
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will an employee receive pay for time off for dependants if they also receive:
time off
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do you want to include details of the procedures employees should use to request time off for dependants?
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if so, what steps should employees follow when requesting time off for dependants?
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common terms in a time off for dependants policy
a time off for dependants policy sets out an employer’s approach to ensuring that the right to take time off for dependants is upheld in the workplace. to achieve this, this time off for dependants policy covers:
statement and purpose of policy
this section details why the employer has adopted the time off for dependants policy. it also clarifies that the policy does not form part of anyone’s employment contract and can, therefore, be changed at the employer’s discretion.
application and definitions
this section sets out to whom this policy applies. it also provides definitions and examples of what a ‘dependant’ is and what constitutes an ‘emergency’.
entitlement to time off for dependants
this section details the entitlement to take time off for dependants. it sets out that the entitlement is to reasonable time off work, which will be assessed based on the facts of the particular situation (eg the nature of the emergency and the employee's relationship with the dependant). it also clarifies that the amount of time off is limited to what’s required to provide immediate assistance and/or make arrangements for longer-term care.
pay during time off for dependants
this section sets out whether time off for dependants will be paid or unpaid.
time off for dependants and parental bereavement leave and pay
this section sets out how time off for dependants and parental bereavement leave (and pay) interact. it clarifies that employees who take time off for dependants may be eligible for statutory parental bereavement leave and pay. it also encourages employees to check the relevant eligibility requirements (eg either by reading the applicable hr policy or by speaking to the hr department and/or their manager).
time off for dependants and other types of leave
this section sets out how time off for dependants interacts with other types of leave (and pay). it also highlights that qualifying employees can always take unpaid parental leave and encourages employees that are not able to take time off for dependants to take other types of leave (eg annual leave).
requesting time off for dependants
this section details how requests for time off for dependants should be made. this includes:
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employees informing their employer as soon as possible and telling them how long they expect to be absent
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employees being able to tell the employer after leaving work if it is not reasonably practical for them to tell the employer before leaving work
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employees updating their employer if their circumstances change
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employees discussing with their line managers or hr whether colleagues should be told the reason for their absence
this section also sets out that, if an employee's request for time off for dependants is refused, they can appeal the decision following the employer’s grievance procedure.
abuses of this policy
this section clarifies what happens if the time off for dependants policy is abused. specifically, it sets out that the employer may initiate disciplinary proceedings under their disciplinary procedure.
rights whilst taking time off for dependants
this section ensures that employees are treated fairly and per equal opportunities and anti-discrimination laws. specifically, it sets out that the employer will ensure that employees are not treated unfairly or discriminated against when requesting or taking time off for dependants. this includes not refusing time off and not dismissing, selecting for redundancy, or not denying access to benefits due to an employee’s requesting or taking time off for dependants.
review and further information
this section states that the employer will regularly review the time off for dependants policy to ensure compliance with employment laws. it also clarifies that employees can obtain access to any other employment policies by contacting the hr department or their line manager or by looking online (if applicable).
if you want your time off for dependants policy to include further or more detailed provisions, you can edit your document. however, if you do this, you may want a lawyer to review or change the time off for dependants policy for you to ensure it complies with all relevant laws and meets your specific needs. ask a lawyer for assistance.
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legal tips for making a time off for dependants policy
consider whether you want to offer enhanced entitlements to time off for dependants
an ‘enhanced’ right is one which is greater than the statutory minimum. while employees are legally entitled to take reasonable unpaid time off work to help their dependants in emergencies, you, as their employer, can offer an enhanced entitlement. for example, you may allow employees to receive their normal rate of pay while taking time off to assist their dependants. while you don’t have to do this, it is a good way to show your workforce that they are valued and can help you to retain talent.
consider which other employment policies to adopt and implement
there are various types of employment policies that employers should consider making to support their workforce. some examples include:
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a maternity policy - addressing the right to take paid maternity leave
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a paternity policy - addressing the right to take paternity leave
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a shared parental leave policy - addressing the right to share time off work when a child is born
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a parental leave policy - detailing the right to take up to 18 weeks of unpaid parental leave before a child’s 18th birthday
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an adoption leave policy - setting out the leave and pay rights that employees have when adopting a child
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a flexible working policy - addressing the right to request flexible working arrangements
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an annual leave policy - outlining holiday entitlement and related procedures
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a sickness policy - outlining how sickness absences are handled and providing information about sick pay
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a bereavement leave policy - outlining your workplace practices regarding employee bereavements and compassionate leave
bear in mind that, as an employer, you must have a grievance procedure in place.
for more information on different employment policies, read hr policies and procedures. for more information on family-friendly rights and policies, read family leave and rights.
understand when to seek advice from a lawyer
ask a lawyer for advice if:
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you want to offer employees more generous provisions (eg you want to allow employees more time off than legally required in some situations)
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you want advice on how to ensure you don’t expose employees to detriment during their time off for dependants
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you don’t think an employee’s situation meets the criteria for time off for dependants, but you’re unsure
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this time off for dependants policy doesn’t meet your specific needs
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time off for dependants policy faqs
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what is included in a time off for dependants policy?
this time off for dependants policy template covers:
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the statutory entitlement to time off for dependants
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any enhanced entitlements offered to workers
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what constitutes an ‘emergency’, a ‘dependant’ and an ‘employee’
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pay provisions during time off for dependants
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the interaction between time off for dependants and other types of leave, including:
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procedures for requesting time off work
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what happens if an employee abuses the provisions in your time off for dependants policy
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employees’ rights while taking time off for dependants
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why do i need a time off for dependants policy?
employees are entitled to take time off to assist dependants if they’re involved in sudden or unexpected emergency situations. this is the case regardless of whether you have a time off for dependants policy in place. however, having a policy in place can help you to ensure everyone is on the same page about the procedures you would prefer them to follow when requesting and taking time off for dependants.
a time off for dependants policy also helps you to demonstrate your awareness of and adherence to statutory entitlements. moreover, you can use this time off for dependants policy to offer enhanced entitlements that you want staff to benefit from, such as:
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an entitlement to be paid during time off for dependants
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widening the entitlement to be available to workers as well as employees
for more information, read family leave and rights.
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what is the statutory entitlement to time off for dependants?
under the employment rights act 1996, employees have the right to take a reasonable amount of time off work when this is necessary to enable them to take action to assist one of their dependants with an unexpected or sudden emergency. this is known as taking ‘time off for dependants’.
the entitlement allows employees time off to:
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provide dependants with immediate assistance (eg by picking up a child from school or going to a hospital to support a spouse who has been injured), or
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make ongoing arrangements for a dependant’s support (eg by arranging a new carer for them)
the entitlement does not extend to allowing employees time off work to provide long-term assistance (eg an employee cannot use it to become a carer themselves).
there is no defined amount of time that an employee can take off for dependants, they are simply entitled to what is ‘reasonable’ in the circumstances. the circumstances considered may include the frequency and length of any previous time that an employee has taken off for similar emergencies.
for more information, read family leave and rights.
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who counts as a ‘dependant’?
a dependant for whom time can be taken off must be one of the following to the relevant employee:
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their child
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their spouse or civil partner
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their parent
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somebody who lives in their household (excluding tenants, lodgers, boarders or people that they employ)
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somebody who reasonably relies on them for assistance or to make arrangements if they become ill, give birth, or are injured or assaulted (eg an elderly neighbour or a relative who doesn’t live with them). this only applies when the relevant emergency is one of these situations (ie if the dependant is ill, giving birth, injured or assaulted)
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somebody who relies on them to make their care arrangements. this only applies when the relevant emergency involves an interruption to their care arrangements
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what constitutes an ‘emergency’?
an ‘emergency’ for which employees can take time off for dependants can be any situation that reasonably requires the employee to:
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assist or arrange care for a dependant who has become ill (including psychological illness). this includes situations where the dependant has an existing medical condition which has gotten worse
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assist or arrange care for a dependant who has become injured (including psychological injury). this includes situations where the dependant has an existing injury which has gotten worse
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assist or arrange care for a dependant who has been assaulted (including situations where the dependant has not been physically injured during the assault)
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assist a dependant who is unexpectedly giving birth (eg if they have gone into labour early)
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deal with a dependant’s death
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deal with an unexpected interruption to a dependant’s care arrangements (eg a child or elderly relative)
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deal with an unexpected incident involving their dependant child, which has occurred during school hours (ie when a school or other educational establishment is responsible for them). for example, if the employee’s child has been suspended from school or has been injured whilst on a school trip
a situation can still count as an emergency if it has not occurred suddenly. for instance, if an employee learns that there will be an unexpected interruption to their dependant’s care arrangements in 5 days’ time and they attempt but fail to make new arrangements within those 5 days. the employee will then need to take time off to care for the dependant temporarily while making new care arrangements.
for more information, read the government’s guidance and managing employee absenteeism.
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who is entitled to time off for dependants?
the statutory entitlement to time off for dependants only applies to individuals working for you who have formal employee status (ie they work for you under an employment contract and have the full benefit of employment laws). for more information, read consultants, workers and employees.
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are employees entitled to pay during time off for dependants?
there is no legal entitlement for employees to be paid during time off for dependants. it is entirely up to you as an employer whether you wish to pay employees during time off for dependants.
if you choose to do so, you may want to impose a limit on how many days of time off for dependants employees will be paid for.
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what rights do employees have whilst taking time off for dependants?
all of an employee’s regular employment rights continue to apply whilst they are taking time off for dependants.
importantly, this includes their right not to be subjected to a detriment for requesting or taking time off for a dependant. in practice, you can ensure you uphold this right by:
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not dismissing employees or selecting them for redundancy because they’ve taken time off for dependants
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not denying employees access to benefits (eg promotions) and opportunities because they took time off for dependants
creating an equal opportunities policy can help you ensure that you always treat all employees fairly and equally.
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what happens if employees are eligible for other types of leave as well as time off for dependants?
if an emergency occurs that qualifies an employee for time off for dependants, they may also be entitled to other kinds of leave following either statutory entitlements, your business’ employment policies, or their individual employment contracts. related types of leave that employees may be entitled to include:
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compassionate leave (also known as bereavement leave)
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unpaid parental leave
employees may be eligible for pay during one of these types of leave. if you make provisions for employees to be paid during time off for dependants, you may decide that they should not receive this pay if they’re also eligible for pay for a different kind of leave. you can set this out in your time off for dependants policy.
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can i make employees follow a certain process to request time off for dependants?
the only procedural requirements that you can require employees to adhere to are the ‘notification requirements’. the notification requirements require that employees:
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tell their employer as soon as reasonably practicable of their need to take time off for a dependant, and
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tell their employer, wherever possible, how long they expect to be absent for
bear in mind that, in some circumstances, it won’t be reasonably practicable for an employee to inform their employer of their absence before leaving work (eg in the case of a time-sensitive medical emergency involving a dependant). this is acceptable under the notification requirements, and employees should not be subjected to detriment for doing this.
you may ask employees to follow other steps when requesting time off for dependants, but you cannot make them comply (eg by subjecting them to detriment if they don’t comply or by denying them time off for dependants). such steps could include, for example, ringing their line manager or requesting time off via an online hr portal.
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