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Time off for dependants: A guide to dependency leave

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Time off for dependants: A guide to dependency leave

Life rarely sticks to the schedule for both employers and employees. A child may fall ill at school, a partner might need urgent help or a carer could cancel at the last minute. In moments like these, no one wants to  choose between their family and their work. That is where dependency leave comes in. It provides employees the right to take time off for dependants when unexpected situations arise, helping them focus on what matters most without worrying about job security.

Also known as time off for dependants, dependency leave can feel confusing for both employees and employers. Questions often arise about who qualifies, what counts as an emergency, how long leave can last and whether it is paid. This guide breaks it all down in plain terms. We also provide practical advice for employers on managing requests fairly, and a free dependency leave policy template to help you create a supportive framework in your workplace.

What is dependency leave?

Dependency leave is a statutory right under UK employment law that allows employees to take a short amount of time off to deal with emergencies involving their dependants. It is designed to give employees the flexibility to respond to unexpected situations without risking their job. 

The main purpose of dependency leave is to cover immediate emergencies rather than routine or planned care. It differs from other leave types such as:

  • Parental leave: Planned time off for children under 18.
  • Compassionate or bereavement leave: Time off after a death or serious illness.
  • Carerโ€™s leave: Ongoing leave to support someone with long-term care needs.

 By making these distinctions clear in your workplace policy, employees and managers can quickly identify which type of leave applies in each situation, reducing confusion and potential disputes.

Who qualifies as a dependant?

The law sets out who counts as a dependant, but real life is rarely so straightforward. Legally, a dependant is typically:

  • A spouse.
  • A civil partner.
  • A child.
  • A parent.
  • Someone who lives in the same household.
  • Anyone who reasonably relies on the employee for care during an emergency. 

Common but overlooked situations where dependency leave applies include:

  • Childcare breakdown, such as a nursery closing unexpectedly.
  • Sudden mental health crisis of a partner or family member.
  • Illness or injury of a dependent requiring immediate care.
  • Elderly parents left without scheduled support due to carer absence.
  • Dependent involved in an accident or emergency at home.

It is important to note that tenants, lodgers or colleagues who live in the same house generally do not qualify.

In practice, dependency leave covers a range of scenarios. For example, a child falling ill at school, a partner having a sudden mental health crisis, an elderly parentโ€™s carer not turning up or a nursery closing unexpectedly are all valid situations. Even emergencies such as a dependant being injured or assaulted at home fall under dependency leave. Clearly listing these examples in your policy helps employees understand when the leave applies and gives managers confidence in approving requests.

When can employees take time off for dependants?

Dependency leave is intended for emergencies only. It is not designed for routine medical appointments, pre-planned childcare or ongoing care duties. An emergency is any sudden situation where a dependent needs immediate support. Examples include:

  • Illness or injury of a dependent.
  • Breakdown of existing care arrangements.
  • Incidents at a childโ€™s school.
  • A partner going into labour unexpectedly.

Employees are expected to inform their employer as soon as possible, typically by phone, text or email, explaining what has happened and how long they anticipate being away. While the law does not set a maximum duration, it refers to a โ€œreasonable amountโ€ of leave. In most cases, this will be a few hours or days, enough to manage the immediate emergency. Longer absences are generally handled under other types of leave such as parental or carerโ€™s leave. Clear communication expectations reduce uncertainty for both employees and managers.

Is dependency leave paid or unpaid?

In the UK, dependency leave is unpaid by default. Employers are not legally required to offer pay during this time, though some businesses choose to provide enhanced benefits. Offering paid dependency leave can reduce stress for employees, demonstrate support and strengthen trust in your workplace.

For example, a standard policy may offer unpaid time off in line with statutory requirements, while an enhanced policy might provide up to three paid days per year, with additional unpaid time if needed. Clearly outlining whether dependency leave is paid or unpaid in your policy avoids misunderstandings and ensures employees know what to expect during emergencies.

Can employers refuse dependency leave?

Employees are legally protected from being refused dependency leave if their situation qualifies under the law. Employers cannot treat employees unfairly or dismiss them for taking dependency leave.

There are limited circumstances where a request might be refused. This includes situations that are not emergencies, involve someone who does not qualify as a dependant or request a duration that far exceeds what is reasonable. 

When a request is declined, it is important to handle the situation with empathy and clear explanation. Mishandling refusals can damage trust, increase reputational risk or result in legal action. Open communication and fair treatment are key to managing these situations effectively.

Managing dependency leave as an employer 

Emergencies happen. Having a clear process for managing dependency leave helps your business respond quickly, consistently and with compassion. A proactive approach also reduces the risk of misunderstandings and ensures employees feel supported during stressful situations.

Create a clear dependency leave policy

A written policy provides structure and clarity for employees and managers alike. Your policy should define:

  • Eligibility
  • What qualifies as an emergency
  • How employees should notify the business
  • Whether leave is paid or unpaid
  • Any limits on the amount of leave available

Using a policy template, such as our free dependency leave policy template, allows you to implement a consistent approach while saving time.

Set expectations around communication and notice

Even though emergencies are unpredictable, it is helpful to set clear expectations for notifying the business. Encourage employees to contact their line manager or HR as soon as possible. Providing a simple email or request form makes communication easy while still allowing employees to focus on the emergency.

Support managers in responding to leave requests

Managers often deal with dependency leave requests first. Equipping them with clear guidance, checklists and scripts helps them respond consistently, fairly and empathetically. Flowcharts or scenario examples can also be useful tools for helping managers determine whether a situation qualifies as a valid emergency and how to approve leave while balancing business needs.

Example scenario:

  1. Employee calls to report a childโ€™s illness at school.
  2. Manager confirms this qualifies as a dependency leave situation.
  3. Manager approves immediate leave and discusses expected return time.
  4. The employee provides follow-up updates if additional time is required.

This simple flow ensures managers act confidently and employees feel supported.

Track leave usage without micromanaging

Tracking dependency leave is important, but it should not feel intrusive. A light-touch approach using your HRIS can be enough to monitor trends and plan cover. If you notice repeated vague requests or unusual patterns, address them through constructive conversations rather than strict oversight.

Align dependency leave with other leave types

Leave Type

Purpose

Duration

Paid/ Unpaid

Notes

Dependency Leave

Emergencies involving a dependant

Hours to a few days

Usually unpaid, can be enhanced

Immediate, short-term needs

Sick Leave

Employee illness

As needed

Paid

Planned or unplanned, employee-focused

Parental Leave

Childcare responsibilities

Weeks/Months

Usually unpaid

Planned leave for children under 18

Compassionate Leave

Death/Serious illness of loved one

1-5 days typical

Paid/Unpaid

Supports grieving and funeral arrangements

Having a clear policy makes all the difference when the unexpected happens. It gives employees confidence, supports managers in making quick decisions, and protects your business from confusion or risk. 

To make it easy, we have created a free Dependency Leave Policy Template that you can adapt for your workplace. Download your copy today to save time and give your team the clarity they deserve.

FAQs about dependency leave

There is no fixed maximum. The law requires that the leave be โ€œreasonableโ€ for the emergency. In practice, this usually means a day or two, enough to manage the immediate situation.

Employees are not legally required to provide evidence, but employers may request reasonable confirmation if they suspect misuse. This helps protect the integrity of the policy while remaining fair and supportive.

Only if the request does not meet the criteria of an emergency, does not involve a qualified dependant or exceeds reasonable duration. Refusals should always be handled with empathy and clear explanation to maintain trust and minimise risk.

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