Can I take time off for dependants in a family emergency?
Emergency leave lets employees deal with a dependant's crisis, but the statutory right is unpaid. Here is what qualifies and what to tell work.
You can take time off work for a family emergency if you are an employee and need to help a dependant. The legal name is time off for dependants, often called emergency leave. It covers a child falling ill, a parent’s care breaking down and other situations where you need to act. It does not cover every family reason for missing work.
- Day 1
- employees qualify without a service requirement
- Unpaid
- unless your contract or workplace policy pays
- No cap
- reasonable time, not weeks of routine care
- No proof
- no evidence required for statutory dependants’ leave
What counts as a family emergency at work?
In Great Britain, section 57A of the Employment Rights Act 1996 gives employees time off during working hours to take necessary action when:
- A dependant falls ill, gives birth, is injured or is assaulted.
- You need to arrange care for a dependant who is ill or injured.
- A dependant dies.
- A dependant’s care arrangements unexpectedly break down.
- An unexpected incident involves your child at school or college.
Mental illness and injury count. The law expressly says “unexpected” for care disruption and school incidents, not for every illness or death. What matters is whether you need time off to act. A known illness does not rule out an urgent need for help.
A child rushed to A&E, a parent’s fall, a childminder who suddenly cannot come, and a call from school after your child’s accident are clear examples. A routine appointment booked weeks ahead usually belongs under carer’s leave or another arrangement. A pet emergency or burst pipe alone is not a dependant emergency; ask about annual leave or your employer’s other leave options.
How to tell work you need emergency leave
Tell your employer the reason as soon as reasonably practicable and how long you expect to be away. If you cannot tell them the reason until after you return, the law does not require an advance estimate of your time off. You do not need to put the notice in writing.
- Contact your manager. Call, text or email through a channel they can reasonably receive. Say what has happened, that you cannot attend or need to leave, and how long you expect to be away. Whether you are between care visits, at a till or loading a warehouse, make contact before leaving if you safely can, or as soon as reasonably practicable.
- Save the record. Keep the message and note when you sent it. If you called, note the time and what was said. Save the rota too.
- Update when you know more. If the hospital cannot yet tell you how long you will be needed, say that and give an estimate when you can.
Example message: childcare has broken down
“My child’s nursery has unexpectedly closed and I need to collect them. I need time off for dependants for the rest of today’s shift while I arrange care. I expect to return tomorrow and will update you if that changes.”
Can an employer ask for proof of a family emergency in the UK?
Your employer can ask what happened. You must tell them the reason for your absence, but the law does not require evidence as a condition of statutory dependants’ leave. You do not have to produce a hospital letter or school message to use the right.
Keep your own record anyway. If the absence is challenged, your messages and notes can show why you needed time off and when you told work. This advice is about statutory dependants’ leave; a separate claim for statutory bereavement pay has its own written requirements.
Emergency leave for dependants: who is covered?
For illness and care emergencies the definition starts with a spouse or civil partner, child, parent and anyone living in your household who is not your employee, tenant, lodger or boarder. It also includes someone who reasonably relies on you for help when ill or injured, or to arrange care. A friend who relies on you to organise care after an injury may qualify even if you do not live together.
Death has a narrower definition. Only the short list counts when a dependant dies. The “relies on you” extension does not apply to bereavement.
| Situation | Short list always counts | Someone who relies on you |
|---|---|---|
| Dependant ill, injured, gives birth, assaulted | Yes | Yes, for example an elderly neighbour |
| Arranging care for ill or injured dependant | Yes | Yes |
| Care arrangements collapse | Yes | Yes, for arranging care |
| Child incident at school | Your child | No, it must be your child |
| Death | Yes, spouse, civil partner, child, parent, household member | No |
A grandchild who lives with you counts. One who lives elsewhere may count for an illness emergency if they reasonably rely on you, but not for bereavement. A partner you live with counts as a household member. If you do not live together and are not married or in a civil partnership, your partner does not count for bereavement, however long the relationship. Check whether your employer’s compassionate leave policy covers the loss.
How many days of emergency leave can you take?
There is no fixed number of days or annual cap. You can take the reasonable time needed for necessary action and, where appropriate, to arrange longer-term help. A day or two may be enough, but it is not a legal limit. A new emergency can justify more time off; this is not an entitlement to weeks of routine care. If your employer disputes a lengthy or repeated absence, keep a record of what happened and what you needed to do.
Is emergency leave paid or unpaid?
Statutory dependants’ leave is unpaid. Your contract or workplace policy may offer paid emergency or compassionate leave. Ask which policy applies and whether you will be paid before assuming you can afford the absence. The right to leave does not replace the wages you lose.
You can ask to use paid annual leave instead, but your employer cannot insist that you use holiday rather than your statutory dependants’ leave.
What to check in a paid family leave policy
Check how many days are paid, which relatives or dependants are covered, and whether the policy covers emergencies, bereavement or both. A policy’s compassionate leave allowance and the statutory right are different: the policy may pay for a set number of days, while statutory dependants’ leave depends on the reasonable time needed.
| Leave | Length | Paid? | Notice |
|---|---|---|---|
| Dependants’ leave for necessary action | Reasonable time; no fixed cap | Unpaid unless employer pays | Reason as soon as reasonably practicable |
| Carer’s leave for long-term care needs | Up to one usual working week per 12 months | Unpaid unless employer pays | At least three days; longer leave needs more |
| Parental bereavement leave after a child dies under 18 or a stillbirth at 24 weeks or later | Up to two weeks per child within 56 weeks | Statutory pay if eligible | Before normal start time in first eight weeks; one week later |
| Contractual compassionate leave | As policy provides | As policy provides | As policy provides |
| Annual leave | Part of holiday entitlement | Paid | Request under applicable holiday rules |
Can your employer refuse emergency leave or punish you for taking it?
If you qualify and the time off is necessary and reasonable, it is a statutory right. Ask for any refusal and its reason in writing. Keep messages, the rota before and after the absence, and any warning. Take those records to your union or an adviser rather than arguing from memory.
For support at work, contact your union: UNISON or Unite in care and health, USDAW in retail, or GMB in logistics and hospitality. Citizens Advice or a law centre can also help. If the treatment is discriminatory, the Equality and Human Rights Commission can explain discrimination rights. Getting advice does not stop a tribunal deadline.
Compassionate leave and emergency leave after a death
Dependants’ leave, compassionate leave and parental bereavement leave do different jobs. More than one may be relevant to the same loss.
Dependants’ leave covers necessary time off in consequence of a statutory dependant’s death, including immediate practical arrangements. What needs doing determines how much time is reasonable. There is no automatic two-day limit. A bereavement can qualify even if the death was expected.
Compassionate leave is usually a workplace-policy label, not a separate statutory entitlement. It may offer paid days, a longer period or cover someone outside the statutory definition. If a sibling or grandparent who did not live with you dies, check that policy. Section 57A’s wider “relies on you” definition does not apply to deaths.
Parental bereavement leave is a separate day-one right for eligible employees after a child dies under 18 or a stillbirth at or after 24 weeks of pregnancy. You can take up to two weeks per child together or separately within 56 weeks. If you normally work Monday and Tuesday, two weeks means four working days.
Tell your employer before your usual start time on the first day if you are taking leave in the first eight weeks. From week nine, give a week’s notice. You do not need written notice or proof to take the leave.
Statutory pay has separate eligibility rules. In Great Britain, you need 26 weeks’ continuous employment by the relevant week, earnings of at least £129 a week and a written claim within 28 days starting with each claimed week. The 2026-27 rate is the lower of £194.32 a week and 90% of average weekly earnings.
Example: what bereavement pay actually pays
Assume each employee meets the service and other eligibility rules. Sam’s average weekly earnings are £400. At 90%, that is £360, so the cap applies and two weeks pay £388.64 (£194.32 a week). Jo earns £180. At 90%, that is £162, so two weeks pay £324. Alex earns £120 a week, below the £129 earnings threshold. Alex can still take the leave, but receives no statutory bereavement pay in Great Britain.
If a baby born on or after 6 April 2025 needs neonatal care, eligible employees can also have up to 12 weeks’ neonatal care leave. If a mother, birth parent, primary adopter or intended parent dies on or after 6 April 2026, an eligible surviving partner may have up to 52 weeks’ unpaid bereaved partner’s paternity leave, subject to its own conditions. These are separate rights, not extra dependants’ leave.
Pregnancy loss before 24 weeks
Great Britain and Northern Ireland now have different statutory bereavement rights.
In Great Britain there is no standalone statutory bereavement leave for pregnancy loss before 24 weeks as at 1 October 2026. The person who was pregnant may take sick leave if unwell; Statutory Sick Pay, if eligible, is payable from the first qualifying day at the lower of £123.25 a week and 80% of average weekly earnings (2026-27). A partner may be able to take dependants’ leave for necessary assistance when the pregnant person is ill or injured. Ask what compassionate leave the employer provides, too.
Northern Ireland already covers miscarriage before 24 weeks that occurred or was discovered on or after 6 April 2026 under its parental bereavement rules. An eligible employee can take up to two weeks’ leave. Statutory pay is available from day one of employment if other conditions are met, including average gross weekly earnings of at least £129. The employer estimates earnings if there is too little pay history. A Belfast employee who qualifies may receive pay where an employee with the same loss in Manchester currently has no statutory bereavement leave. See employment law in Northern Ireland and parental bereavement leave and pay.
The Parental Bereavement Leave and Pay (Miscarriage) Regulations (Northern Ireland) 2026 cover spontaneous pregnancy loss before 24 weeks and specified medically necessary interventions for the pregnant person’s health or fatal or severe fetal impairment. Qualifying biological or intended parents and current partners are covered. The amendments apply to miscarriages experienced or detected on or after 6 April 2026; statutory pay remains subject to the existing pay eligibility conditions.
Carer’s leave for planned or ongoing family care
For a parent with dementia who needs a planned appointment, carer’s leave may be the right option. Employees have this right from day one. You can take one usual working week, unpaid, in each 12 months, for a dependant with a long-term care need. That includes a disability, care likely to be needed for at least three months, or care because of old age. If you work three days a week, the allowance is three days.
Give at least three days’ notice for a half-day or one day, ten days for 4½ to five days, or twelve days for six days. You do not need to put the request in writing or provide evidence.
Your employer cannot refuse the leave but can postpone it if your absence would seriously disrupt the business. They must set a new date within one month and give written reasons within seven days of your request or before leave starts, whichever comes first.
After the immediate problem, check what leave covers the care still needed. You can also request flexible working from day one of employment. It is a right to ask for a change, not an automatic right to work from home or change hours.
Emergency parental leave: sick children and childcare breakdown
There is no separate statutory right called “emergency parental leave”. If your child is ill, a childminder falls ill or a nursery unexpectedly closes, dependants’ leave can cover the necessary action and arranging alternative care. An unexpected incident involving your own child at school is also expressly covered. Tell work as soon as reasonably practicable; you do not need to give advance notice of an emergency.
Planned time with a child is different. Eligible employees can request ordinary unpaid parental leave of up to 18 weeks per child, available from day one. Do not confuse that separate allowance with emergency leave: dependants’ leave has no fixed day allowance and is for necessary action, not routine childcare.
Family and medical leave: is there a UK equivalent?
The UK has no direct equivalent to America’s FMLA and no single block of “family and medical leave”. If you searched for a “family emergency leave act”, the Great Britain emergency right is section 57A time off for dependants. Which leave you need depends on what has happened:
- You need to help a dependant now: use dependants’ leave for necessary action.
- You need planned time to care for someone: check carer’s leave for long-term care needs, or parental leave for a child.
- You are too unwell to work yourself: check sick leave and Statutory Sick Pay. Caring for someone does not itself make you eligible for sick leave.
- A family member has died: check dependants’, compassionate and parental bereavement leave. They have different eligibility and pay rules.
Emergency leave on agency or zero-hours contracts
Employment status decides whether these statutory leaves apply. Employees, including employees on zero-hours or agency contracts, qualify; someone who is legally a worker but not an employee, or self-employed, does not. The label on a contract alone is not conclusive.
Employee
- Dependants’, carer’s and parental bereavement leave from day one
- Relevant protections against detriment and dismissal
- Hours and contract type do not, by themselves, remove employee status
Worker
- No statutory right to these employee-only leaves
- Check any contractual or agency policy
Some agency and zero-hours staff are employees; others are workers. Self-employed people also lack these employee-only rights and cannot claim SSP. Ask the agency or hirer about any contractual leave and check the distinction between employees and workers. Do not assume a zero-hours label settles your status.
Scotland, Wales and Northern Ireland
Section 57A applies across England, Scotland and Wales. A non-resident grandchild is not automatically a dependant for bereavement there, though they may qualify for an illness or care emergency if they reasonably rely on you.
Northern Ireland has a parallel dependants’ right under Article 85A of the Employment Rights (Northern Ireland) Order 1996, with claims to an industrial tribunal. Its separate parental bereavement rules already include qualifying miscarriage losses before 24 weeks. The wider Great Britain bereavement right is scheduled for 2027, not available now.
Emergency leave: your questions answered
Can I take time off work for family reasons that are not an emergency?
Not every family reason is covered by dependants’ leave. For a planned appointment or continuing care, check carer’s leave, parental leave, your employer’s compassionate leave policy or agreed annual or unpaid leave. Match the leave to the reason rather than calling every absence an emergency.
Is emergency leave paid family leave?
No. The statutory right to emergency time off for dependants is unpaid. A contract or workplace policy may pay you. Statutory parental bereavement pay is a separate entitlement with its own conditions; it does not make all emergency leave paid.
Can my employer demand proof before allowing dependants’ leave?
The law does not require evidence for statutory dependants’ leave. You must tell your employer the reason as soon as reasonably practicable and how long you expect to be away. A call, message or email can work; written notice is not required.
Does it cover your sister, grandparent or pet?
A sibling or grandparent living with you can qualify. One living elsewhere may qualify for illness or care-related emergencies if they reasonably rely on you, but not under the dependants’ death provision. Pets do not qualify. Ask about contractual compassionate leave for a wider family loss.
What if the nursery closes or school sends your child home?
Unexpected care disruption, or an unexpected incident involving your child at school, is covered when you need to act. Take reasonable time to deal with it and arrange cover, then update your employer.
Can you lose your job for taking dependants’ leave?
Dismissal because you took or sought the statutory right can be automatically unfair from day one; other detrimental treatment is also prohibited. Keep records and contact Acas promptly if you are refused or penalised.
Sources
- Employment Rights Act 1996, section 57A, legislation.gov.uk
- Employment Rights Act 1996, section 57B, legislation.gov.uk
- Time off for dependants, Acas
- Carer’s leave, Acas
- Employment tribunal time limits, Acas
- Parental bereavement pay and leave: how to claim, GOV.UK
- Rates and thresholds for employers, 2026-27, GOV.UK
- New rights for family bereavement and pregnancy loss, 22 September 2026, GOV.UK
- Make Work Pay: leave for bereavement, including pregnancy loss, consultation response published 22 September 2026, GOV.UK
- Parental bereavement leave and pay from 6 April 2026, nidirect
- Parental Bereavement Leave and Pay (Miscarriage) Regulations (Northern Ireland) 2026, SR 2026/63, legislation.gov.uk
- Employment Rights (Northern Ireland) Order 1996, Article 85A, legislation.gov.uk
- Bereaved partner’s paternity leave, Acas
- Neonatal care leave and pay, Acas
- State of Caring 2024: the impact of caring on employment, Carers UK
- Tribunal Statistics Quarterly: April to June 2026, Ministry of Justice
- Plan to Make Work Pay and Employment Rights Act: timeline update, GOV.UK