What is time off for dependants?
All employees have a statutory right to take a 'reasonable' amount of time off to deal with an unforeseen emergency involving a dependant. This is a day-one right, and employers are not legally required to pay you for this time.
Who counts as a dependant?
A dependant is not just a close family member. For legal purposes, a dependant can be:
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a spouse, civil partner, child, or parent
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a person who lives in the same household as you (but not a tenant or lodger)
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a person who reasonably relies on you for care or to make arrangements, such as an elderly relative who lives elsewhere
What counts as an emergency?
This leave is for unforeseen events where your presence is required. An emergency doesn't have to be sudden or life-threatening. It can include situations where you need to:
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assist a dependant who has fallen ill, been injured, or assaulted (this includes psychological as well as physical injury)
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deal with a dependant's death, for example, by making funeral arrangements
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handle an unexpected breakdown in care arrangements (eg your childminder is sick)
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deal with an unexpected incident involving your child during school hours (eg they have been injured or suspended)
A situation can still be an emergency even if you have advance notice. For example, if you are told your elderly parent's care home is closing in a week and you are unable to find alternative arrangements in time, you would be entitled to time off to deal with the situation.
What is reasonable time off?
The law does not specify a set amount of time an employee can take off; it only says the time must be 'reasonable' for the situation. In most cases, this is understood to be one or two days to handle the emergency and make longer-term arrangements.
Details regarding the procedure for requesting time off for dependants should be clearly outlined in an employee's Employment contract or a specific Time off for dependants policy.
What is bereavement leave?
Bereavement leave (or ‘compassionate leave’) is time off specifically to grieve a loss.
If the person who died was a dependant, the time you take for practical matters like arranging the funeral falls under your right to time off for dependants. Any additional time for grieving is then covered by your employer's specific Bereavement leave policy.
Except for one specific situation, there is no general statutory right to bereavement leave in the UK. Any entitlement to paid or unpaid leave is at the discretion of your employer and should be detailed in your Employment contract or in a specific Bereavement leave policy.
Parental bereavement leave
The key legal entitlement is parental bereavement leave. This gives eligible parents the right to two weeks' leave if their child under 18 dies or if they have a stillbirth after 24 weeks of pregnancy.
While the right to leave is from day one of employment, statutory parental bereavement pay is only available to employees with at least 26 weeks of continuous service who also meet minimum earnings criteria. For more information, read Parental bereavement leave.
What if the deceased is not a dependant?
If the person who died was not a dependant, there is no legal right to time off. In this case, any leave is entirely at the discretion of your employer. Many employers will allow you to take annual leave or unpaid time off to attend a funeral.
What should I do in the case of an emergency or bereavement?
When a difficult situation arises, knowing what to do in relation to your work can feel overwhelming. Following a few simple steps can help you manage your responsibilities and get the support you need.
Tell your employer as soon as possible
You should let your employer know about the situation as soon as is reasonably practicable. This would usually be your line manager or HR department. You can tell them by phone, message, or email.
You don't need to provide a lot of detail. Simply explain that you need time off to deal with an emergency or a bereavement, who is involved, and when you expect to be back in touch.
Check your employment contract and policies
Once you have a moment, look at your employment contract and any company policies, such as a time off for dependants policy, bereavement leave policy, or Employee handbook. These documents are important as they will explain your specific entitlements, including:
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how much time off you can take
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whether that time will be paid or unpaid
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the procedure for formally requesting leave
Discuss your needs with your employer
Have a conversation with your employer about the time off you need. Be open about your situation so they can understand how to best support you. It's also an opportunity to discuss any potential support you might need when you return to work, such as a temporary phased return or flexible working arrangements.
How should an employer handle bereavement?
Employers should support their staff sensitively and fairly during a difficult time. A supportive approach benefits both the employee and the business.
Initial contact and communication
When an employee informs you of a death, it's important to offer condolences and reassure them that work is not a priority. Be empathetic and ask how and when they would prefer to be contacted while they are off. This respects their privacy and allows them to manage their own space while you handle any urgent work that needs to be covered.
Being flexible and fair
Understand that the amount of time off an employee needs will vary depending on their circumstances. You should be flexible and apply any policies consistently for all staff to ensure fairness and avoid discrimination. While you should consider an employee's religious needs, such as specific mourning periods, any flexibility offered must be available to all employees in similar circumstances, regardless of their faith or beliefs.
If you don't already have one, creating a formal Bereavement leave policy and Time off for dependants policy can provide much-needed clarity for both managers and employees.
Planning the return to work
Before the employee returns, have a conversation with them about what support they might need. This could include a phased return, a temporary change in duties, or flexible working arrangements to help them adjust. On their first day back, be sure to manage their return sensitively, respecting their wishes on how they would like to interact with colleagues.
Providing ongoing support
It is important to recognise that grief affects everyone differently and is not a linear process. An employee may need continued support or further time off in the weeks and months following their return. Regular, informal check-ins can help, as can signposting them to any available support services, such as an Employee Assistance Programme (EAP) if you have one.
Furthermore, if an employee develops a mental health condition like depression or anxiety as a result of their bereavement, this could be considered a disability under the Equality Act 2010. In such cases, you have a legal duty to make reasonable adjustments to support them at work.
