What classifies as an emergency situation for a dependent?
Dependency leave is usually taken when your dependent falls ill, allowing you to seek medical help and care for your loved one. However, it can also be if a pre-existing condition of theirs gets worse and requires immediate care or they go into labour to have a baby (neither of which are ‘getting ill’ as such). Where your dependent is a child, the emergency situation may also be the unexpected disruption of childcare or if there’s an incident at their school that requires your attendance.
If your employer doesn’t have a specific Compassionate Leave policy, dependency leave may also cover the death of a family member.
Can I take planned dependency leave?
No. Dependency leave cannot be planned for in advance, as that doesn’t fit the nature of an ‘emergency’ situation. However, your employer may allow you to take planned parental or compassionate leave – just speak to them in advance and discuss the situation.
Do I have to be the legal carer for the dependent?
You do not need to be the registered legal carer for the dependent as such, but they will need to be dependent upon you for care in the emergency situation. For example, your partner with no pre-existing conditions may be involved in an accident. You’re not their legal guardian or carer, but they need you with them to access hospital treatment and get them home. In this case, you would still be entitled to take dependency leave.
Will I get paid for dependency leave?
Your employer has no legal obligation to pay for your dependency leave but many companies do have a payment scale of some type. If you’re not aware of your business’ policies on leave, then when you contact your employer to inform them of your need to take the leave, you can ask. It’s fairly commonplace now for employers to pay at least something to their staff during emergencies, but it’s always best to check.
How much dependency leave can I take?
There is no set time period for dependency leave, but the nature of it being an emergency situation means that it is usually only taken for a few days at a time. Should the leave have to extend over a longer period of time, it is best to discuss circumstances with your employer as they may wish to switch you to a hiatus of standard unpaid leave.
There is also no legal limit on how often dependency leave can be taken but employers are entitled to expect a degree of lessened leave when there is more than one carer available – for example, where a child has two parents able to attend to them.
Can I get sacked for taking dependency leave?
If your leave of absence is genuine and of a reasonable time, your employer is not legally able to dismiss you or otherwise treat you unfairly for taking it.