Can I Take Time Off for a Family Emergency?

Yes. Section 57A of the Employment Rights Act 1996 gives every employee the right to a reasonable amount of time off to handle an emergency involving a dependant. The right applies from your first day of work, with no qualifying service. Your employer does not have to pay you for this time unless your contract says it will.

Who counts as a dependant

Under section 57A of the Employment Rights Act 1996, a dependant is your spouse or civil partner, your child, your parent, or someone who lives in your household as part of the family. A lodger, tenant or employee living with you does not count.

For illness, injury or a breakdown in care, a dependant also includes anyone who reasonably relies on you for help or to arrange their care. This can include an elderly neighbour or a relative who lives elsewhere.

Which emergencies are covered

Section 57A of the Employment Rights Act 1996 covers time off to:

1. help when a dependant falls ill, gives birth, or is injured or assaulted
2. arrange care for a dependant who is ill or injured
3. take action after a dependant dies
4. handle an unexpected disruption or end to a dependant's care arrangements
5. respond to an unexpected incident involving your child at school

The leave is for the emergency, not for long term care. It covers the time needed to respond and put arrangements in place. A planned hospital appointment you knew about in advance is not an emergency under this right.

How much time and how to tell your employer

The law does not set a fixed number of days. The time must be reasonable for the situation. There is no limit on how many times you can use the right in a year.

You must tell your employer the reason for your absence as soon as reasonably practicable, and how long you expect to be away. If you can only explain after you return, you must do so then.

Here is an example. A dental nurse with five months' service receives a call at 10am that her son has been injured at school. She tells her practice manager she is leaving, collects her son, and takes the next day off while she arranges care. This is time off for dependants. Her short service makes no difference to the right.

Your rights if your employer reacts badly

Your employer must not subject you to a detriment for taking this time off. Section 47C of the Employment Rights Act 1996 covers detriment, such as a warning, a lost shift or being passed over for overtime. Under section 99 of the Employment Rights Act 1996, a dismissal for taking time off for dependants is automatically unfair. No qualifying service is needed for that claim.

If your employer unreasonably refuses the time off, you can complain to an Employment Tribunal under section 57B of the Employment Rights Act 1996. Acas states that time limits for employment tribunal claims increased from 3 months to 6 months on 1 October 2026. The 3 month limit may still apply to problems that started before 1 October 2026. Check your deadline early and seek advice. You must start ACAS Early Conciliation within that time.

Carer's leave and bereavement leave

Two other rights sit alongside time off for dependants.

Carer's leave under the Carer's Leave Act 2023 has applied since 6 April 2024. You can take up to one week of unpaid leave every 12 months to give or arrange care for a dependant with a long term care need. This means an illness or injury likely to need care for more than three months, a disability under the Equality Act 2010, or care needs linked to old age. It is a day one right. You must give notice: at least three days for a half day or one day, and twice the length of the leave for longer periods. Your employer can postpone it only where your absence would cause serious disruption.

Parental bereavement leave under the Parental Bereavement (Leave and Pay) Act 2018 gives two weeks of leave if your child dies before the age of 18, or after a stillbirth from 24 weeks of pregnancy. The leave must be taken within 56 weeks of the death and is available from your first day of work. Statutory pay depends on further conditions. The Employment Rights Act 2025 also plans wider bereavement leave, including for pregnancy loss, which the government timetable lists for 2027.

What to do next

1. Tell your employer as soon as you can, giving the reason and how long you expect to be away.
2. Send a short email confirming the call, so there is a written record.
3. Check your contract or handbook for paid compassionate leave.
4. Use carer's leave for planned care and time off for dependants for emergencies.
5. Keep any warning or comment about your absence, with the date.

Write down what happened, date it and keep a copy.

Frances N.U