How to deal with a request for emergency / dependents leave

From time to time, employees may need to take unplanned absence to attend to urgent or serious situations affecting their dependants. The purpose of Emergency/Dependants leave is to provide the employee with a short period of breathing space to deal with the situation. The time off need not be paid, but if councils agree to paid time off, it must be applied consistently.

Notification

•As soon as is reasonably practicable in the circumstances, an employee should contact the Clerk (or chair) by phone to explain the reason for their absence.

•The employee may not wish others to know the reason for their absence so exercise discretion to protect their privacy.

Discuss

• Discuss with the employee how long they expect to be off. Ask them to let you know if anything changes.

• Discuss any immediate work matters that may need attention.

• Adopt a flexible, understanding approach and recognise that the situation may be stressful for the employee.

Consider

•Where an employee needs to care for a dependant on an on-going basis, consider whether annual leave can be taken. Where the employee has insufficient annual leave consider whether unpaid leave or parental leave can be taken (the latter applies where the care is for the employee’s child).

•Consider if the employee needs support on their return to work (depending on the circumstances of their absence)

Eligibility

All Employees have the right to take time off for dependants regardless of length of service.

Dependants in respect of whom an employee can take  time off for are:

• Spouse/civil partner

• Child

• Parent

• A person who lives in the employee’s household

• A person who reasonable relies on the employee for assistance (for example an elderly neighbour)

• In relation to the disruption or termination of care for a dependent, a person who reasonably relies on the employee to make arrangements for the provision of care.

Payment

Unless your policy states otherwise, employees are not entitled to be paid while they are taking Emergency / Dependant Leave. However, all other terms and conditions of employment are preserved.

This document was commissioned by the National Association of Local Councils (NALC) in 2019 for the purpose of its member councils and county associations.

Every effort has been made to ensure that the contents of this document are correct at time of publication. NALC cannot accept responsibility for errors, omissions and changes to information subsequent to publication.

This document has been written by the HR Services Partnership – a company that provides HR advice and guidance to local (town and parish) councils. For more information about their services, contact them on 01403 240 205.

© NALC 2019