Statutory time off for dependants is the day-one right under section 57A of the Employment Rights Act 1996 for employees to take a reasonable amount of unpaid time off to deal with an unexpected emergency involving a dependant. The law covers five specific situations and one or two days is usually enough.
What time off for dependants is
Section 57A of the Employment Rights Act 1996 gives every employee the right to take a reasonable amount of time off during working hours to deal with one of five specified emergency situations involving a dependant. The right was inserted by the Employment Relations Act 1999 and has been in force in essentially the same form since 15 December 1999.
It is sometimes called "emergency family leave", "dependants' leave" or, loosely, "compassionate leave". GOV.UK's own guidance for employees uses the plain English term "time off for family and dependants". Whatever the label, the legal entitlement is the same and it sits inside the Employment Rights Act, not anywhere else.
Three things matter most about how the right works in practice:
For a fuller picture of how the dependants right interacts with paid leave employers offer voluntarily, see our guide to compassionate leave in the UK.
Who qualifies for the right
Time off for dependants is an employee right. ACAS guidance is explicit: by law, anyone legally classed as an employee can take time off to help a dependant with an emergency. That covers full-time, part-time, fixed-term and permanent staff equally. Casual workers, agency staff who are technically workers but not employees, and self-employed contractors do not have the section 57A right · though some agency contracts and umbrella arrangements provide an equivalent contractual entitlement.
There is no minimum length of service. The right applies from day one of employment, so a new starter who experiences a genuine family emergency in their first week has the same statutory protection as a 20-year veteran.
Who counts as a dependant
Section 57A(3) of the Employment Rights Act 1996 sets out the core definition of a dependant. The list is shorter than most employees and managers expect:
- A spouse
- A civil partner
- A child of the employee
- A parent of the employee
- A person who lives in the same household as the employee, otherwise than as an employee, tenant, lodger or boarder
That core list is then extended by subsection (4) and (5) for two of the five emergency situations · care arrangements and disruption of care · to also include "any person who reasonably relies on the employee" for assistance when ill, injured, or assaulted, or to make care arrangements. ACAS gives the worked example of an elderly neighbour living alone who has a fall and has no one else to turn to: under the extended definition, that neighbour can be a dependant for the purposes of arranging emergency assistance.
The five emergency situations covered
Section 57A(1) lists the five circumstances in which time off can be taken, and the list is exhaustive. If the situation isn't on this list, the section 57A right doesn't apply.
Covers initial assistance during the emergency itself · taking a sick child to the doctor, attending hospital after an accident, comforting someone who has been mugged, or helping a dependant who has gone into unexpected labour. Mental illness or injury is included expressly by section 57A(6).
This is about putting longer-term care arrangements in place · finding a respite carer, arranging a hospital admission, or sourcing a temporary substitute carer. It does not entitle the employee to take time off to be the long-term carer themselves; for that the employee may need carer's leave or unpaid parental leave.
Covers immediate practical arrangements following a bereavement · registering the death, organising or attending the funeral, dealing with the estate. For the death of a child under 18 there is the separate paid right of statutory parental bereavement leave; for the death of any dependant, section 57A is the underlying statutory right and is unpaid. See our bereavement leave employer guide for how the two rights interact.
The classic example is a childminder cancelling at the last minute, a nursery closing for a snow day, or an elderly parent's home carer not turning up. The disruption must be genuinely unexpected; pre-known closures (such as the school holidays) do not qualify.
A school phone call asking the parent to collect a sick child, dealing with an unexpected exclusion, or attending after a serious incident at school. This applies only while the educational establishment is "responsible for" the child, so school hours and immediate aftermath are covered, not pre-arranged parents' evenings.
One thread runs through all five: the right is for genuinely unexpected events. The Employment Appeal Tribunal in Qua v John Ford Morrison Solicitors [2003] confirmed that section 57A does not cover repeated absences to look after a child with a known underlying medical condition, because in those circumstances the illness is foreseeable rather than genuinely unexpected. The same principle excludes routine medical appointments booked weeks in advance.
How much time is "reasonable"
The Act doesn't put a number on it. Section 57A(1) says only that the employee is entitled to a "reasonable amount" of time off. What counts as reasonable is fact-specific in each case.
The starting point in ACAS and government guidance is that one or two days is usually enough to deal with the immediate emergency and put longer-term arrangements in place. For most situations · finding a replacement carer, attending an A&E visit with a relative, dealing with a school incident · that's the right ballpark.
Tribunals have given some indication of the outer edges. In one case the Employment Tribunal accepted that six absences totalling seven days in a 12-month period was a reasonable amount of time off for a mother with caring responsibilities. At the other end, in Cortest v O'Toole a tribunal found that an employee who took a continuous month off to provide ongoing care for her child was outside the statutory protection, because the right is meant to address the immediate crisis, not to substitute for long-term care.
Is time off for dependants paid
By law, no. Section 57A creates an unpaid right. ACAS guidance puts it plainly: an employer may choose to pay employees for this type of leave, but they do not have to.
In practice, paid time off for dependants is often offered through a contractual compassionate or family emergency leave policy. Some employers offer the first day or two paid as standard and any longer absence unpaid. Others mirror the statutory right and pay nothing. Either approach is lawful provided the employee can take the unpaid statutory right without detriment.
If you offer pay for some types of dependant emergency but not others, set out the rules clearly in a written policy so managers apply them consistently. CIPD survey data has historically shown that around half of UK employers offer paid time off for some emergency family situations, but the exact figure varies year by year and by sector.
Notice and evidence
Section 57A(2) sets two simple notice rules. The employee must:
- Tell the employer the reason for their absence as soon as reasonably practicable; and
- Tell the employer for how long they expect to be absent · except where the nature of the emergency means notice cannot be given until after the employee has returned to work.
Notice can be given by phone, text, email or in person. There is no statutory requirement for it to be in writing. Where the employee genuinely couldn't notify before leaving (for example, rushing to A&E with a child mid-shift) they should let the employer know as soon as they can · on the journey, from the hospital, or on return.
The Act doesn't give employers the right to demand evidence such as a hospital admission record or school letter, but tribunal case law accepts that asking the employee to explain the situation in reasonable terms is fair. Employers should avoid suggesting that the employee provide formal medical evidence for what is meant to be a short, reactive emergency right.
Time off for dependants vs carer's leave vs parental leave
Three statutory family leave rights sit close together in the Act and they're often muddled up. Distinguishing between them is the difference between handling a request well and getting it wrong.
| Right | Trigger | Length | Paid | Notice |
|---|---|---|---|---|
| Time off for dependants (s.57A ERA 1996) | Unforeseen emergency involving a dependant | Reasonable · usually 1-2 days | Unpaid by law | As soon as reasonably practicable |
| Carer's leave (Carer's Leave Act 2023, in force 6 April 2024) | Providing or arranging care for a dependant with a long-term care need | Up to 1 week per 12-month period | Unpaid by law | Twice the leave being taken, or 3 days, whichever is greater |
| Unpaid parental leave (Maternity and Parental Leave etc Regulations 1999) | Caring for own child up to age 18 | 18 weeks per child up to age 18 (4 weeks max per year) | Unpaid by law | 21 days |
For the long-term care or planned absences that section 57A doesn't cover, see our unpaid parental leave guide for the 18-weeks-per-child route. Carer's leave deserves its own article and we'll add it next · in the meantime, ACAS provides clear guidance.
A sample policy
Most contractual time off for dependants policies cover seven things. Here's a structure you can adapt:
Confirm that all employees are entitled to a reasonable amount of unpaid time off to deal with an unexpected emergency involving a dependant under section 57A of the Employment Rights Act 1996.
Set out the statutory definition · spouse, civil partner, child, parent, household member, and anyone who reasonably relies on the employee for emergency assistance or care arrangements.
List the five statutory situations in plain English, with one or two examples of each, so managers and employees know what's in scope.
Confirm the employee should contact their line manager (and a named backup if the manager isn't available) as soon as reasonably practicable, by phone or text, with the reason and expected duration.
State clearly whether time off for dependants is paid, partly paid, or unpaid · and if paid, how many days. If you offer paid time, set the cap clearly to avoid any custom-and-practice argument later.
Direct employees to the appropriate alternative leave · annual leave for planned medical appointments, unpaid parental leave for ongoing care, carer's leave for arranged caring of someone with long-term needs, and the bereavement and compassionate leave policy for non-emergency family situations.
Confirm that absences will be recorded as time off for dependants (not as sickness or annual leave) and that repeated patterns may trigger a supportive conversation about ongoing arrangements · not disciplinary action for using the statutory right.
If the request does not fit a statutory emergency right, it may qualify as carer's leave under the Carer's Leave Act 2023 (planned care for a long-term need) or discretionary unpaid leave. A clear policy for each type helps managers apply the right rule consistently.
Sources
| Source | What it covers |
|---|---|
| Employment Rights Act 1996, section 57A | The primary statutory right · definition of dependant, the five qualifying situations, notice rules |
| Employment Rights Act 1996, section 57B | Right to bring an Employment Tribunal claim where time off has been unreasonably refused |
| Employment Rights Act 1996, section 99 | Automatic unfair dismissal protection where the reason for dismissal is taking time off for dependants |
| ACAS · time off for dependants | Practical guidance on the right, examples, and what counts as reasonable |
| GOV.UK · time off for family and dependants | Plain-English overview of the right, including what counts as an emergency and the relationship with compassionate leave |
| nidirect · time off for dependants (compassionate leave) | Northern Ireland equivalent guidance and worked examples |
Frequently asked questions
What is statutory time off for dependants in the UK?
Statutory time off for dependants is the right under section 57A of the Employment Rights Act 1996 to take a reasonable amount of unpaid time off work to deal with an unexpected emergency involving a dependant. It is a day-one right available to all employees, with no minimum service. The right covers five specific emergency situations such as a dependant falling ill, an unexpected disruption to care arrangements, or an incident involving a child during school hours.
Is time off for dependants paid?
No. There is no statutory right to be paid for time off for dependants. The right under section 57A is unpaid by law. Many UK employers offer pay at their discretion through a contractual compassionate or family emergency leave policy. ACAS notes that an employer might choose to pay for this type of leave but they do not have to.
Who counts as a dependant?
Under section 57A(3) of the Employment Rights Act 1996 a dependant is a spouse, civil partner, child or parent of the employee, or any other person living in the same household as the employee (other than as an employee, tenant, lodger or boarder). For the care arrangement and disruption-of-care situations, a dependant also includes anyone who reasonably relies on the employee for help in an emergency, such as an elderly neighbour.
How much time off for dependants is reasonable?
The law does not set a fixed limit. The amount must be reasonable in the circumstances. ACAS guidance and tribunal practice suggest that one or two days is enough in most cases to deal with the immediate emergency and put longer-term arrangements in place. Employment tribunals have accepted seven days across six absences in a 12-month period as reasonable, but a continuous month-long absence to provide ongoing care has been found unreasonable.
How is time off for dependants different from carer's leave?
Time off for dependants under section 57A is for unforeseen emergencies and is unlimited but must be reasonable in each case. Carer's leave under the Carer's Leave Act 2023, available since 6 April 2024, gives employees up to one week of unpaid leave per 12-month period to provide or arrange care for a dependant with a long-term care need. Carer's leave can be planned in advance and taken in half-days or full days; time off for dependants is reactive and short-notice.
Can an employee be dismissed for taking time off for dependants?
No. Under section 99 of the Employment Rights Act 1996 and section 47C, an employee cannot be subjected to a detriment or dismissed for taking, or seeking to take, time off for dependants. Such a dismissal would be automatically unfair, with no minimum service required to bring a tribunal claim.