1. Dependants’ Leave
Under the Employment Rights Act 1996 all employees are entitled, irrespective of length of service, to take a reasonable amount of unpaid time off work to care for dependants in certain defined circumstances.
Leave for dependants is immediate, short-term leave for a limited period of time off to deal with unforeseen emergencies relating to dependants.
Dependants are defined as including:
- a spouse, child or parent of the member of staff; and
- someone living in the household as the member of staff (other than a tenant, lodger, boarder or employee). This includes partners (both opposite and same-sex partners) or elderly relatives living with the member of staff
- anyone who would reasonably rely on the member of staff for assistance or provision of care in the event of illness or injury.
The right allows members of staff to take leave in unforeseen or unexpected circumstances to deal with an immediate problem and/or to make longer-term arrangements: to:
- to provide help when a dependant falls ill, gives birth or is injured or assaulted (including mental illness or injury)
- to make arrangements for providing care when a dependant is ill or injured
- to cope when the arrangements for caring for a dependant’s unexpectedly break down
- when a dependant dies or
- to deal with an unexpected incident involving the employee’s child at a time when the child’s school has a responsibility for him or her
All members of staff, regardless of length of service, are entitled to take leave to deal with dependant emergencies. It is expected that for most cases, one or two days should be sufficient to deal with the problem. The statutory entitlement is to unpaid leave. However, the School will allow staff paid time off to accompany a sick dependant to the dependant’s general practitioner, clinic, hospital or dental surgery provided that this is supported by an appointment card, doctor’s note or note on a compliments slip from the organisation confirming the appointment.
Staff are also entitled to reasonable paid leave to care for a sick dependant. Time off in excess of 5 days must be arranged as time off in lieu, unpaid leave or annual leave.
Members of staff should advise their Line Manager or Head of Department, as soon as reasonably practicable, the reason for and likely length of absence, but this information does not have to be provided in writing. Members of staff should report any absence to deal with unforeseen emergencies relating to dependants in the same way as sickness absence is reported (the School’s Notification of Sickness Absence procedure outlines who to notify).
The School recognises that circumstances may vary and will deal sympathetically with exceptional cases of dire need.
All dependants’ leave must be authorised, retrospectively, by your Head of Department.
Should any dispute over the legitimacy of absence arise, the employee may appeal to the HR Office. An investigation of the circumstances will be made and a decision taken by the Chief Operating Officer as to the legitimacy of the leave taken.
Should it be found that the absence did not qualify as dependant’s leave, a reduction in pay for the period of absence will be made, or the time off deducted from the member of staff annual leave allowance.
Without pay
Special leave without pay may be approved to enable an employee to provide longer term care for an elderly parent or near relative or partner who is ill. Any request should be accompanied by supporting medical evidence.
It should be noted that special leave without pay may be granted subject to the demands of the work and holiday arrangements of the Department/Centre by the Supervisor/Line Manager where an employee cannot make other arrangements for the care of their children during the school holidays. In these circumstances, employees will be expected to use at least part of their annual leave entitlement.
At appendix 1 is a form the member of staff needs to complete to record and request authorisation following absence in an emergency to care for a dependant.
2. Parental Leave
Under the Maternity and Parental Leave Regulations 1999 employees with one or more years’ continuous service, who are the parents of a child under the age of five (or of adopted children under the age of 18 or of a disabled child under 18) have a legal right to take up to 13 weeks’ unpaid parental leave for each child, or 18 weeks in the case of disabled children.
The purpose is to enable the parent to take unpaid time off work to care for a child or to make arrangements for a child’s welfare. This type of leave is of a planned nature and is likely to cover a period of weeks rather than days.
In addition:
· The child must be under five years of age (or 18 years of age if the child is entitled to a disabled living allowance), or where the child is adopted, within five years of the date of adoption.
· Parental leave is 'for the purpose of caring for the child'.
· Women who qualify can take parental leave immediately after maternity leave.
· Members of staff are entitled to 13 weeks' parental leave in respect of each child (including multiple births). Where a member of staff changes employers, he or she will need to work for one year with that employer before being entitled to take parental leave. Any leave taken with past employers will count towards the 13 week limit for each child.
· Parental leave cannot be transferred from one parent to another.
· Leave should be taken in blocks of one week, or multiples of one week (though leave can be taken in one day blocks if the child is disabled).
· The maximum leave to be taken in any one year is four weeks.
Statutory provision provides a range of protection to members of staff taking parental leave. This includes:
· The continuation of the employment contract and of some terms and conditions during the period of the leave.
· For periods of four weeks’ leave or shorter the right to return to the same job as before the leave started.
· For longer periods the right to return to the same job, or if not practicable a similar job with the same or better terms and conditions.
Members of staff must give a minimum of 21 days notice of the intention to take parental leave before the date the leave is due to begin, although this requirement may be waived at the discretion of the Head of Department.
All parental leave must be authorised by the Head of Department. Attached is a form to record and request parental leave. In exceptional circumstances, it may be necessary for parental leave to be delayed for up to six months. The Head of Department or the HR Manager will inform the member of staff in writing of any delay and the reasons for such a delay. Parental leave which immediately follows childbirth or adoption is not affected by the provision to delay leave.
Updated July 2009
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