Dependants leave

Under the Employment Rights Act 1996 s.57A (“ERA”) an employee is entitled to take reasonable unpaid time off during working hours to care for a dependant.

The general legal principles, including the employees’ statutory rights are outlined below and further guidance is also given on the interpretation of the law and practical management issues which may arise.

Eligibility

Dependents

All employees (save for a few minor exclusions), male and female, irrespective of length of service are eligible for dependant leave, so long as the individual in respect of whom the leave is taken is classed as a dependant. 

The ERA defines a “dependant” as the employee’s:

• Spouse or civil partner
• Child
• Parent, or
• Person living in same household as the employee, other than by reason of being his employee, tenant, lodger or boarder

The Civil Partnership Act 2004, widened this definition to include Civil partners of the same sex.

In certain situations (see below marked*) a ‘dependant’ can also include any person who reasonably relies on the employee for assistance when he/she falls ill or is injured or assaulted, or to make care arrangements in the event of illness or injury.

In situations where there is unexpected disruption or termination of arrangements for the care of a dependant, the definition of a dependant is extended to include any person who reasonably relies on the employee to make arrangements for the provision of the care.